ABOVE-ALL TRANSPORTATION, INC. v FRAHER

Citation:
BAP No. MB 16-026 (MA BK Case No. 14-14241-MSH, Adv Pro No. 14-01201-MSH) (1st Circuit, Feb 21,2017) Not Published
Case Status:
Affirmed
Ruling:
Clearly, Above-All never provided in its complaint, in the Joint Pre-Trial Statement, in its opening statement, at trial, in its statement of issues, or in its appellate briefs developed arguments...
Judge(s):
Deasy, Tester and Finkle (Appeal from Massachusetts Bankruptcy Court Western Division, J. Hoffman)
Tag(s):

Meoli v. The Huntington National Bank

Citation:
Nos. 15-2308/2362 (6th Circuit, Feb 08,2017) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
In a lengthy opinion, Sixth Circuit affirmed a district court's determination that a bank was liable as a transferee of direct and indirect loan payments it received after its good faith defense...
Judge(s):
Moore, Rogers and Sentelle (D.C Circuit-sitting by designation)
Tag(s):

Hometown 2006 - 1 1925 Valley View, L.L.C. v. Prime Income Asset Management, L.L.C.

Citation:
No. 15-10881 (5th Circuit, Feb 03,2017) Published
Case Status:
Reversed and Remanded
Ruling:
Contractual payments due during the sixty-day notice period prior to the termination of a contract are "assets" under the Texas Uniform Fraudulent Transfer Act's ("TUFTA's") broad definition, and...
Judge(s):
Higginbotham, Dennis, and Clement
Tag(s):

Lopez v. Raicevic (In re Lopez)

Citation:
BAP No. SC-15-1335-YJuF (9th Circuit, Feb 01,2017) Not Published
Case Status:
Affirmed
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (S.D. Cal.) granting summary judgment in favor of creditors/plaintiffs on 523(a)(2)(A) dischargeability claim based on issue...
Judge(s):
Yun, Jury, Faris
Tag(s):

Collins v. J&N Restaurant Assoc., Inc.

Citation:
16-1362 (2nd Circuit, Jan 19,2017) Published
Case Status:
Affirmed
Ruling:
Affirmed district court affirming bankruptcy court dismissing fraudulent transfer action. Terms of defendants' own plans of reorganization precluded claim, even as administration claim.
Judge(s):
Chin, Raggi, Lohier
Tag(s):

Flaxer v. Gifford (In re Lehr Construction Corp.)

Citation:
16-350 (2nd Circuit, Dec 09,2016) Not Published
Case Status:
Affirmed
Ruling:

By summary order, the Second Circuit affirmed the District Court, explaining that the acts of agents are presumed to be imputed to their principals under New York law, and rejecting the...

Judge(s):
Present: Hon. Robert A. Katzman; Hon. Ralph K. Winter; Hon. Sidney H. Stein;
Tag(s):

Metropolitan Estates, Inc. v. Emmons-Sheepshead Bay Devel., LLC (In re Emmons-Sheepshead Bay Devel.

Citation:
15‐3844‐bk (2nd Circuit, Dec 06,2016) Not Published
Case Status:
Affirmed
Ruling:

Court affirmed orders a.) dismissing adversary proceeding under F.R.C.P. 12(b)(6) for not stating a claim to revoke confirmation, 11 U.S.C. 1144; and b) denying motion to vacate, alter or...

Judge(s):
JOHN M. WALKER, JR., ROBERT D. SACK, DENNY CHIN
Tag(s):

Han v. Official Committee of Unsecured Creditors (In re Kang)

Citation:
15-2345 (4th Circuit, Nov 29,2016) Not Published
Case Status:
Affirmed
Ruling:

Based on a signed operating agreement which prohbited transfers,of assets to protect a lender, and the principle that upon forfeiture of status by the Virginia State Corporation Commission all...

Judge(s):
Sheed, Duncan, Floyd
Tag(s):

Privitera v. Curran

Citation:
1st Circuit BAP NO. MW 15-051, Massachusetts Main Bankruptcy Case No. 14-42811-CJP, Adversary Proceeding No. 15-04024-CJP
Ruling:
AFFIRMED. Creditor's Complaint against Debtor objecting to dischargeability under 11 USC 523(a)(2)(A) was dismissed by the Bankruptcy Court under Fed. R. Civ. P. 12 (b)(6) standard. Creditor's...
Judge(s):
Trial Judge: Hon. Melvin S. Hoffman. BAP Judges: Lamoutte, Deasy and Cary.
Tag(s):

Hatfield v. Thompson (In re Thompson)

Citation:
Hatfield v. Thompson, (In re Thompson), Case No. WO-15-027 (B.A.P. 10th Cir. August 19, 2016). Published
Ruling:
A debt proven under state law on grounds other than fraud can be excepted from discharge under the actual fraud provision of § 523(a)(2)(A) and to establish that a debt is excepted from discharge...
Judge(s):
Romero, Jacobvitz, Mosier (Jacobvitz)
Tag(s):

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