Home » Bankruptcy Process and Procedure » Fraud

Clark v. Zwanziger (In re Zwanziger)

  • Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
  • 14 years 2 weeks ago
Citation:
Clark v. Zwanziger (In re Zwanziger), BAP WO-11-080, 2012 WL 1098266, --- B.R. --- (10th Cir. B.A.P. Apr. 3, 2012)
Ruling:
The U.S. Bankruptcy Appellate Panel for the Tenth Circuit (the “B.A.P.”) ruled that: (a) an award of damages by the U.S. District Court for the Western District of Oklahoma (the “District...
Judge(s):
Brown, Karlin, Somers
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):

Washington Mutual Bank v. Carlson (In re Carlson)

  • Summarized by Tracy Frasier , Smith Frasier, P.A.
  • 14 years 3 weeks ago
Citation:
No. 11-13314 (11th Cir. March 30, 2012)
Ruling:
The 11th Circuit Court of Appeals affirmed the decisions of the District Court for the Southern District of Florida related to an adversary proceeding for non-dischargeability of a Chapter 7 Debtor...
Judge(s):
Dubina, Chief Judge; Marcus and Martin, Circuit Judges.
Tag(s):

Cipolla v. Roberts (In re Cipolla)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 14 years 4 weeks ago
Citation:
Cipolla v. Roberts (In re Cipolla)
Ruling:
A debtor’s status as an attorney, without more, could not give rise to a presumption that the debtor had knowledge of homestead exemption laws or other bankruptcy rules and requirements. Because...
Judge(s):
King, Wiener and Haynes; Per Curiam opinion (Pursuant to 5th Cir. R. 47.5, the court has determined that the opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4).
Tag(s):

The American Cancer Society v. Cook

  • Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
  • 14 years 1 month ago
Citation:
Fifth Circuit Court of Appeals, Docket no. 10-10989
Ruling:
"Not all securities frauds are Ponzi Schemes." Receiver moved for turnover against charity that received $240,000 from companies prior to receivership, primarily arguing under the Texas Uniform...
Judge(s):
Before JONES, Chief Judge, and HIGGINBOTHAM and SOUTHWICK, Circuit Judges.
Tag(s):

Rossi v. Westenhoefer (In re Rossi)

Citation:
No. 11-8048 (B.A.P. 6th Cir. 2012), decided March 20, 2012 (limited precedential effect per 6th Cir. BAP LBR 8013-1(b))
Ruling:
Before the bankruptcy court may assert judicial estoppel to prevent a Chapt. 7 debtor from amending schedules and exemptions to increase asset valuations, the debtor must be given the opportunity...
Judge(s):
Fulton, Harris, and Preston
Tag(s):

Sutter v. U.S. National Bank (In re Sutter)

Citation:
Case No. 09-11816 (6th Cir., Jan. 3, 2012)
Ruling:
In affirming the district courts’ rulings in favor of debtors Daniel and Sheryl Sutter (the "Debtors"), the Sixth Circuit held that (i) an equitable mortgage does not exist on the Debtors...
Judge(s):
Cole, Batchelder, Siler, Circuit Judges.
Tag(s):

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