In a published decision, the 9th Circuit affirmed in part, and vacated in part, the district court's (C.D. Cal.) order finding that defendant entity violated s 5 of the FTC Act; holding the...
In a published decision, the 9th Circuit affirmed the district court's (C.D. Cal.) summary judgment in favor of accountants on tort claims brought by court appointed receiver against accountants...
Judge(s):
Pregerson, Trott, Stafford (sitting by designation)
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
10 years 2 months ago
Citation:
No. 14-11355, fifth Circuit Court of Appeals
Ruling:
Debtor that flagrantly and repeatedly abused bankruptcy and court processes to retain
assets for himself and defeat the legitimate claims of his business partners was properly dismissed pursuant...
Tripodi, Jr. v. Welch, et al., Case No. 14-4084 (7th Cir. January 8, 2016). Published.
Ruling:
A default judgment against a person for violating state or federal securities laws will be given preclusive effect, in contrast to certain default judgments under § 523(a)(2), and held to be...
Grede v. Bank of New York Mellon Corp., et al. (In re Sentinal Mgmt. Group, Inc.), Case No. 15-1039 (7th Cir. January 8, 2016).
Ruling:
When a transferee is on “inquiry notice,” it has a duty to make further investigations into the facts surrounding a transfer to it and the failure to make such investigations renders its...
District Court correctly found that defendant in a trial for bankruptcy fraud and other offenses did not offer a sufficient factual predicate to warrant an instruction to the jury on the advice of...
Judge(s):
Boggs and Donald, Circuit Judges, and Quist, District Judge, sitting by desgnation
District Court's summary judgment in favor of Huntington National Bank ("HNB") and its wholly owned subsidiary Fourteen Corp. ("14") was reversed and remanded on the grounds that there were...
The Seventh Circuit reversed the district court's order dismissing the bankruptcy trustee's legal malpractice complaint against Katten Muchin Rosenman LLP ("Katten"), holding that the trustee...
In re 2920 ER, L.L.C., No. 14-20734 (5th Cir. April 2, 2015)
Ruling:
The 5th Circuit denied petition for mandamus relief, but vacated the district court's order (S.D. Tx.) prohibiting judgment debtor from transferring funds, and compelling postjudgment discovery,...
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
11 years 3 weeks ago
Citation:
14-1154, 2015 WL 1020736
Ruling:
Eighth Circuit affirmed bankruptcy court's finding that liens should be avoided as fraudulent conveyances because a sufficient number of the traditional badges of fraud were present to give rise to...
