Home » Bankruptcy Process and Procedure » Fraud

Zenovic v. Crump (In re Zenovic)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 2 months ago
Citation:
BAP No. SC-15-1204-FYJu (9th Circuit, Jan 31,2017) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
In a nondischargeability action, the BAP for the 9th Circuit affirmed in part, reversed in part, and remanded to the bankruptcy court (SD Cal.). The BAP found that the BAP properly applied...
Judge(s):
Faris, Yun, Jury
Tag(s):

In re Kempff (Appeal of Farley)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 2 months ago
Citation:
15-3200 (7th Circuit, Jan 30,2017) Published
Case Status:
Affirmed
Ruling:
To prevail on a fraudulent transfer claim under § 727(a)(2), the plaintiff must demonstrate by a preponderance of the evidence that the defendant actually intended to hinder, delay, or defraud a...
Judge(s):
Wood, Sykes, Hamilton (Sykes)
Tag(s):

Tomkow v. Barton (In re Tomkow)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 3 months ago
Citation:
BAP No. CC-16-1075-TaFMc (9th Circuit, Jan 05,2017) Not Published
Case Status:
Affirmed
Ruling:
The BAP for the 9th Circuit affirmed the bankruptcy court (CD Cal.) ruling granting summary judgment in favor of creditor determining that state court judgment was nondischargeable pursuant to...
Judge(s):
Taylor, Faris, McKittrick
Tag(s):

Spradlin v. Khouri, et al.

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 3 months ago
Citation:
15-8031 (6th Circuit, Jan 04,2017) Published
Case Status:
Affirmed
Ruling:
When a postpetition transfer completely divests a debtor’s interest in property, that property is not subject to turnover under § 542, but may still be avoided under § 549. If only possession...
Judge(s):
Delk, Humphrey, Opperman (Humphrey)
Tag(s):

Marques v. Joseph (In re Marques)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 3 months ago
Citation:
CC-16-1116-FPaKi (9th Circuit, Dec 09,2016) Not Published
Case Status:
Affirmed
Ruling:
9th Cir. BAP affirmed ruling of bankruptcy court (CD Cal.) granting relief from stay to creditor to proceed with foreclosure against chapter 7 debtor/appellant. BK court properly confirmed...
Judge(s):
Faris, Pappas, Kirscher
Tag(s):

Reed v. New York Community Bank (In re Reed)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 9 years 4 months ago
Citation:
CC-16-1028-DKiF (9th Circuit, Dec 02,2016) Not Published
Case Status:
Affirmed
Ruling:

In rem relief from stay was properly granted by the bankruptcy court where debtor had filed multiple cases and transferred fractional interests in residence.

Judge(s):
DUNN, KIRSCHER and FARIS
Tag(s):

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

  • Summarized by Melissa Youngman , Melissa A. Youngman, P.A.
  • 9 years 4 months ago
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.

  • Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
  • 9 years 4 months ago
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):

Neuman v. Krenz (In re Krenz)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 9 years 6 months ago
Citation:
9th Circuit Bankruptcy Appellate Panel Case No. AZ-15-1396-FLJu (Not for Publication)
Ruling:
Appellant's appeal related to the the minute entry order entered in 2014 was untimely. The bankruptcy court did not need to actually sign the minute entry order for it to be effective, so long as...
Judge(s):
FARIS, LAFFERTY, and JURY
Tag(s):

U.S.A. v. Free

Citation:
Case No. 15-2939 (3d Cir. Oct. 6, 2016)
Ruling:
Reversed and remanded. Under the federal Sentencing Guidelines, "loss" must reflect the actual pecuniary loss incurred, or which a defendant intended to incur, through bankruptcy fraud. Only...
Judge(s):
Fuentes (author), Shwartz, and Restrepo, C.J.
Tag(s):

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