Douglas A. Kelley v. Gus Boosalis

• Summarized by Lars Fuller , BakerHostetler
• 5 months 2 weeks ago

Citation:

19-1079 (8th Circuit, Sep 11,2020) Published

Case Status:

Reversed and Remanded

Ruling:

Eighth Circuit reversed rulings of District Court (D. Minn) granting summary judgment on liquidating trustee's fraudulent transfer avoidance actions related to Ponzi Scheme clawback claims....

Judge(s):

Loken, Benton, Kelly

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraud
• Fraudulent Transfers
• Practice and Procedure
• Professional Practice Areas
• Commercial Fraud
• 11 U.S.C § 544

SE Property Holdings, L.L.C. v. Jeffrey Green, et al

• Summarized by Lars Fuller , BakerHostetler
• 6 months 3 weeks ago

Citation:

No. 19-30325 (5th Circuit, Aug 03,2020) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

Fifth Cir. affirmed in part, reversed in part, ruling bankruptcy court (MD La.) properly granted summary judgment on certain claims, but genuine issue of material fact precluded summary judgment on...

Judge(s):

Dennis, Graves, Willett

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraud
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Discharge/Dischargeability
• Professional Practice Areas
• Fed R Bankr P 7056
• 11 USC 523

In re Sattler

• Summarized by Lars Fuller , BakerHostetler
• 9 months 7 hours ago

Citation:

BAP No. NV-19-1174-LBG (9th Circuit, Jun 01,2020) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Nev.) denying debtor's motion to vacate orders entered in his involuntary chapter 7 case: a preservation order, an order denying his motion...

Judge(s):

Lafferty, Brand, Gan

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraud
• Practice and Procedure
• Professional Practice Areas
• Real Estate
• Rule 9024 (Fed. R. Civ. P. 60)
• 11 U.S.C § 303

In re Blake and India Rose Mcharo

• Summarized by Lars Fuller , BakerHostetler
• 1 year 1 month ago

Citation:

BAP No. OR-19-1010-LTaF (9th Circuit, Jan 09,2020) Not Published

Case Status:

Reversed and Remanded

Ruling:

BAP for 9th Cir. reversed ruling of bankruptcy court (D. Or.) and remanded. Debtor's silence, i.e., failure to disclose that he had obtained employment while procuring unemployment benefits was...

Judge(s):

Lafferty, Taylor, Faris

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Fraud
• Practice and Procedure
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• 11 U.S.C. 523(a)(2)(A) and 11 U.S.C. 523(a)(2)(B)

In re Millennium Lab Holdings LLC

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 1 year 1 month ago

Citation:

No. 18-3210 (Precedential) (3rd Circuit, Dec 19,2019) Published

Case Status:

Affirmed

Ruling:

The Third Circuit held the Bankruptcy Court had constitutional authority to confirm a reorganization plan containing third party releases of RICO/fraud claims by a lender against the debtor's...

Judge(s):

CHAGARES, JORDAN, and RESTREPO

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Claims
• Fraud
• Plan Confirmation
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• 11 U.S.C. §1129; 28 U.S.C. § 157; 28 28 U.S.C. § 1334; Stern v. Marshall
• 564 U.S. 462
• 497 (2011)

Harold Jones v. The Brand Law Firm (In re: Alice Belmonte)

• Summarized by Nascine Howell , Seyfarth Shaw LLP
• 1 year 7 months ago

Citation:

No. 18-2098 (2nd Circuit, Jul 25,2019) Published

Case Status:

Affirmed

Ruling:

The Second Circuit Court of Appeals affirmed the bankruptcy court’s decision, finding that the trustee’s recovery of a portion of the proceeds from the debtor’s unauthorized post-petition...

Judge(s):

Calabresi, Lynch and Lohier, Circuit Judges

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraud
• Fraudulent Transfers
• § 546
• 11 U.S.C § 549
• 11 U.S.C § 550
• 551

Diamond Enterprises, LTD., LP, v. Michael Younessi (In re Michael Younessi)

• Summarized by Samuel Henninger , Waller Lansden Dortch & Davis, LLP
• 1 year 7 months ago

Citation:

No. CC-18-1337-FLKu, 2019 WL 3003903 (9th Circuit, Jul 10,2019) Published

Case Status:

Reversed and Remanded

Ruling:

Modification order reset the 180-day deadline for creditor to file its adversary proceeding seeking revocation of debtor's chapter 11 plan confirmation under section 1144.

Judge(s):

Faris, Lafferty, Kurtz

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Fraud
• Plan Confirmation
• Discharge/Dischargeability
• Real Estate
• Small Business
• 11 U.S.C. § 1144

Pino v. Jensen (In re Jensen)

• Summarized by Samuel Henninger , Waller Lansden Dortch & Davis, LLP
• 1 year 7 months ago

Citation:

No. CO-18-089, 2019 WL 2403105 (10th Circuit, Jun 07,2019) Not Published

Case Status:

Affirmed

Ruling:

Creditors produced no evidence to prove that debtor made false representations with intent to deceive, committed actual fraud, inappropriately diverted any payments they made, or willfully and...

Judge(s):

Nugent, Cornish, Hall

Tag(s):

• 10th Circuit
• Fraud
• Discharge/Dischargeability
• Small Business

Life Partners Creditors' Trust, et al v. James Sun

• Summarized by J Newman , Newman & Newman
• 1 year 9 months ago

Citation:

No. 17-11477 (5th Circuit, May 31,2019) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

AFFIRM the district court’s judgment of dismissal as to Counts 5, 8, 11, and 12. However, it REVERSED the dismissal of Counts 1–4, 6, 9, and 10 and REMAND

Judge(s):

ELROD, HIGGINSON, and ENGELHARDT, Circuit Judges

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraud
• Fraudulent Transfers
• SEC Issues
• 11 USC 502(d)
• 11 USC 510(c)
• 544
• 11 U.S.C. § 548(a)(1)(A) and (B)
• 11 U.S.C. § 547
• and 11 U.S.C § 550

United States v. Thomas Thompson

• Summarized by J. Debbeler , Graydon Head & Ritchey LLP
• 1 year 9 months ago

Citation:

No. 17-4264; File Name: 19a01107p.06 (6th Circuit, May 29,2019) Published

Case Status:

Affirmed

Ruling:

Sixth Circuit affirmed the District Court's denial of a motion to terminate a defendant's civil-contempt sanctions in accordance with U.S.C. Section 1826. The Sixth Circuit found that because the...

Judge(s):

Moore, Clay and Donald, Circuit Judges

Tag(s):

• 6th Circuit
• Fraud
• Practice and Procedure
• Venue/Jurisdiction
• Commercial Fraud
• Govt. Claims/Sovereign Immunity
• 28 U.S.C. 1826

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