The Samuel J. Temperato Revocable Trust v. Unterreiner (In re Unterreiner)

Citation:
No. 12-1138 (8th Cir. Nov. 8, 2012)
Ruling:
Affirming the Bankruptcy Appellate Panel’s reversal of the Bankruptcy Court, the Eighth Circuit held that the Samuel J. Temperato Revocable Trust (“the Trust”) was not entitled to summary...
Judge(s):
Melloy and Benton, Circuit Juges, and Kristine G. Baker, United States District Judge for the Eastern District of Arkansas, sitting by designation.
Tag(s):

McDermott v. Swanson (In re Swanson)

Citation:
McDermott v. Swanson (In re Swanson), Case No. 12-6028 (8th Cir. BAP Aug. 17, 2012).
Ruling:
REVERSING and REMANDING the Bankruptcy Court decision, the 8th Circuit BAP found that although the failure to produce adequate financial records shifts the burden to the debtor to demonstrate a...
Judge(s):
Schermer, Venters, and Nail. Authored by Venters.
Tag(s):

Hoskins v. Citigroup, Inc. (In re Viola)

Citation:
BAP No. NC-11-1173-DoDH
Ruling:
A) The Defendants are not transferees under §550(e) for the purposes of imposing fraudulent transfer liability under the Ninth Circuit’s dominion test because the Defendants never had legal...
Judge(s):
Bankruptcy Judges Donovan (sitting by designation), Dunn, and Hollowell (concurring opinion)
Tag(s):

Benson v. JPMorgan Chase Bank, N.A.

Citation:
No. 10-17402, DC No. 3:09-cv-05272-MEJ & No. 10-17404, DC No. 3:09-cv-05560-MEJ (heard jointly)
Ruling:
The Ninth Circuit Court of Appeals held that plaintiffs’ conclusory allegations regarding JPMorgan fell short of stating a claim for relief that is free from the Financial Institutions Reform,...
Judge(s):
LUCERO*, CALLAHAN, SMITH
Tag(s):

Heide v. Juve (In re Juve)

Citation:
In re Juve, Case No.: 11-6006 (8th Cir. BAP 2011)
Ruling:
Reversed and remand to bankruptcy court of summary judgment in favor of plaintiff where there existed genuine issues of material fact in respect to (1) whether the financing arrangement should be...
Judge(s):
Hon. Barry S Schermer, Hon. Arthur B. Federman and Hon. Charles L. Nail
Tag(s):

In re Bernard L. Madoff Investment Securitites LLC

Citation:
2011 WL 3568936 (2d Cir. August 16, 2011)
Ruling:
The Court was faced with several issues regarding the proper interpretation of the Securities Investor Protection Act, 15 U.S.C. § 78aaa et seq. (“SIPA”). The Court first ruled that the...
Judge(s):
Jacobs, Chief Judge, Leval and Raggi, Circuit Judges. Opinion by Jacobs, Chief Judge.
Tag(s):

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