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Jenny Smith v. Haynes & Haynes P.C.

Summarizing by Kathleen DiSanto

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

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):

Rodney Tow v. Organo Gold Intl, Inc., et al

Citation:
. 18-20394 (5th Circuit, Jul 11,2019) Not Published
Case Status:
Affirmed
Ruling:
A chapter 7 trustee was not deprived of standing to sue defendants for misappropriation of trade secrets, even though the trustee's court-approved sale agreement with a third-party buyer purported...
Judge(s):
HAYNES, GRAVES, and DUNCAN,
Tag(s):

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

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):

Ralph Janvey v. GMAG, L.L.C.

Citation:
No. 17-11526, 2019 WL 2240565 (5th Circuit, May 24,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Fifth Circuit certified question to Texas Supreme Court: whether UFTA good faith requires a transferee on inquiry notice to conduct an investigation or show such an investigation would have been...
Judge(s):
Stewart, Dennis, Willett
Tag(s):

In re Earl Blasingame

Citation:
18-5549/5623 (6th Circuit, Apr 03,2019) Published
Case Status:
Affirmed
Ruling:
In this consolidated appeal, the Court of Appeals affirmed the Bankruptcy Court decisions to dismiss two claims brought by a creditor derivatively on behalf of the Chapter 7 Trustee: a claim...
Judge(s):
Griffin, Kethledge and Thapar; Opinion by Thapar
Tag(s):

Singh v, Singh (In re Singh)

Citation:
BAP No. CC-17-1353-FLS (9th Circuit, Mar 14,2019) Not Published
Case Status:
Affirmed
Ruling:
For purposes of § 727(a)(2)(A), "property of the debtor" includes property held by the debtor's alter-ego. Thus, a debtor who used a corporation that conducted a Ponzi scheme in addition to...
Judge(s):
FARIS, LAFFERTY, and SPRAKER, Bankruptcy Judges
Tag(s):

Buchwald Capital Advisors LLC v. Sault Ste. Marie Tribe (In re Greektown Holdings)

Citation:
18-1165, 2019 WL 922658 (6th Circuit, Feb 26,2019) Published
Case Status:
Affirmed
Ruling:
Native American Tribe has sovereign immunity against suits to recover allegedly fraudulent transfers.
Judge(s):
Clay and Griffin. Zouhary dissented.
Tag(s):

In re Picard

Citation:
No. 17-2992(L), 2019 WL 903978 (2nd Circuit, Feb 25,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Neither the presumption against extraterritoriality nor international comity principles bar the trustee of a domestic debtor from recovering property that the debtor transferred to a foreign entity...
Judge(s):
Jacobs, Pooler, Wesley
Tag(s):

Bennett v Garner

Citation:
No. 18-1531 (4th Circuit, Jan 16,2019) Published
Case Status:
Reversed and Remanded
Ruling:
The 4th Circuit held that a state court judgment confirming an arbitration award did not preclude plaintiff’s fraudulent transfer claims and alter-ego claims under doctrine of res judicata. With...
Judge(s):
Keenan, Floyd, and Thacker.
Tag(s):

IN RE: WIGLEY

Citation:
18-6004 (8th Circuit, Nov 09,2018) Published
Case Status:
Reversed and Remanded
Ruling:
The bankruptcy court erred by allowing a judgment creditor's claim that arose from a judgment under the Minnesota Uniform Fraudulent Transfer Act when the claim had been satisfied by a payment by...
Judge(s):
Schermer, Nail, Shodeen
Tag(s):

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