Wilmington Trust Company, et al. v. Yvette Weinstein, et al. (In re Community Bancorp)

• Summarized by Brendan Gage , Goulston & Storrs PC
• 11 years 4 months ago

Citation:

No. 10–20038 (B.A.P. 9th Cir. Aug. 20, 2013) (not for publication)

Ruling:

Affirming the order of the bankruptcy court (“BC”), the Bankruptcy Appellate Panel of the Ninth Circuit held that a settlement between the trustee and the Federal Deposit Insurance Corporation...

Judge(s):

Kirscher, Collins and Dunn, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Alternative Dispute Resolution
• Bankruptcy Taxation
• Bankruptcy Litigation
• Finance and Banking
• Rule 9019
• § 541

Ryan v. U.S. (In re Ryan)

• Summarized by ,
• 11 years 6 months ago

Citation:

12-3398

Ruling:

Seventh Circuit Court of Appeals AFFIRMED the decision of the the Bankruptcy Court holding that the Bankruptcy Court's interpretation of section 506(d) as stated in Dewsnup v. Timm (502 U.S. 410...

Judge(s):

Ripple. Rovner and Williams

Tag(s):

• 7th Circuit
• Consumer Bankruptcy
• Bankruptcy Taxation
• Claims
• Govt. Claims/Sovereign Immunity
• § 502
• § 103
• § 506

Wren Alexander Investments, L.L.C. v. IRS (In re Wren Alexander Investments, L.L.C.)

• Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
• 11 years 7 months ago

Citation:

Wren Alexander Investments, L.L.C. v. Internal Revenue Service (In re: Wren Alexander Investments, L.L.C.), Case No. 12-50376 (5th Cir. June 4, 2013)

Ruling:

Affirmed lower courts' allowance of the IRS' claim against the debtor based upon a pre-petition lien on real property that the debtor aquired on the eve of bankruptcy from a delinquent third-party...

Judge(s):

GARZA, SOUTHWICK and HAYNES. PER CURIAM.

Tag(s):

• 5th Circuit
• Bankruptcy Taxation
• Claims
• Bankruptcy Litigation
• Fraudulent Transfers
• Rule 3002
• Rule 3007
• § 501
• § 502
• § 544
• § 505

Goldenberg v. Deutsche Bank National Trust Co. (In re Papazov)

• Summarized by James Webster , Law Office of James Portman Webster, PLLC
• 11 years 7 months ago

Citation:

Goldenberg v. Deutsche Bank National Trust Co. (Unpublished) (In re Papazov) (BAP 9th Cir May 30, 2013)

Ruling:

The Bankruptcy Court did not abuse its discretion in denying Appellant, Goldenberg Family Trust ("Goldenberg") a Motion to Reopen and a Motion for Injunctive Relief. The Bankruptcy Court denied the...

Judge(s):

Kirscher, Clement, and Dunn, Bankruptcy Judges.

Tag(s):

• 9th Circuit
• Bankruptcy Taxation
• Automatic Stay
• Mortgage
• Practice and Procedure
• § 362
• § 350

The Majestic Star Casino, LLC v. Barden Development, Inc. (In re The Majestic Star Casino, LLC)

• Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
• 11 years 7 months ago

Citation:

Nos. 12-3200/3201 (3d Cir., May 21, 2013)

Ruling:

Debtor lacked standing to challenge non-debtor parent/shareholder's revocation of election of S Corp status. Rejecting cases from other circuits, the Third Circuit found that S Corp status is not...

Judge(s):

Ambro, Jordan, and Vanaskie

Tag(s):

• 3rd Circuit
• Bankruptcy Taxation
• Automatic Stay
• Bankruptcy Litigation
• Corporate Governance
• Practice and Procedure
• § 362
• § 549

Crumpton v. Stephens (In re Northlake Foods, Inc.)

• Summarized by Richard Corbi , Otterbourg P.C.
• 11 years 8 months ago

Citation:

Case No. 12-15603 (11th Cir. May 6, 2013)

Ruling:

The Eleventh Circuit Court of Appeals AFFIRMED the District Court ruling that AFFIRMED the Bankruptcy Court's ruling that the issuance of dividends to a debtor's shareholder to offset tax liability...

Judge(s):

Tjoflat, Martin and Jordan

Tag(s):

• 11th Circuit
• Bankruptcy Taxation
• Business Reorganization
• Bankruptcy Litigation
• Fraudulent Transfers
• Lender Liability
• § 544

Allen v. US Bank (In re Allen)

• Summarized by James Webster , Law Office of James Portman Webster, PLLC
• 12 years 6 months ago

Citation:

Allen v. US Bank (In re Allen). - B.R. - (9th Cir. B.A.P. June 8, 2012)

Ruling:

The Bankruptcy Appellate Panel for the Ninth Circuit held USB, the secured creditors chain of possession for loan documents were adequate to establish standing to file a proof of claim.

Judge(s):

Pappas, Dunn, and Hollowell, Bankruptcy Judges

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• Consumer Debt
• Personal Bankruptcy Topics
• Bankruptcy Taxation
• Discharge/Dischargeability
• Claims
• Mortgage
• Uniform Commercial Code/Article 9
• § 501
• § 502

Southeast Waffles, LLC v. U.S. Dept. of Treasury (In re Southeast Waffles, LLC)

• Summarized by Jonathan Myers , Credit Acceptance Corporation
• 13 years 1 month ago

Citation:

2011 Fed App 014P (6th Cir.)

Ruling:

This case presented an issue of first impression in the Sixth Circuit about how reasonably equivalent value is calculated when the transfer is a payment of a tax obligation owed to the IRS. ...

Judge(s):

Boswell, Harris and McIvor

Tag(s):

• 6th Circuit
• Bankruptcy Taxation
• Business Reorganization
• Bankruptcy Litigation
• Fraudulent Transfers
• Rule 7012
• § 548

Bryen v. US (In re Bryen)

• Summarized by David Kozlowski , Morrison Cohen LLP
• 13 years 2 months ago

Citation:

Case No. 11-1616 (3d Cir. Nov. 4, 2011) (Not Precedential)

Ruling:

A debtor who willfully evades a tax is not entitled to the discharge of that debt, as indicated in Bankruptcy Code § 523(a)(1)(C), as such benefit is reserved for the “honest but unfortunate...

Judge(s):

McKee, Fuentes, Greenberg

Tag(s):

• 3rd Circuit
• Consumer Bankruptcy
• Bankruptcy Taxation
• Discharge/Dischargeability
• Bankruptcy Litigation
• § 523

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