Marshak v. Hyundai Steel Co. (In re Prime Metals U.S.A., Inc.)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 4 weeks 8 hours ago

Citation:

No. 24-53 (9th Circuit, Dec 06,2024) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Ninth Circuit affirmed the dismissal of a Chapter 7 Trustee's claims against a creditor that allegedly received two sets of prepetition fraudulent transfers from...

Judge(s):

OWENS, LEE, and KOH

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraudulent Transfers
• Practice and Procedure
• Fed. R. Bankr. P. 7056
• 11 U.S.C. § 548(a)(1)(A)
• 11 U.S.C. § 548(a)(1)(B)

Montoya v. Ferguson, et al.

• Summarized by Jaden Banks , Nyemaster Goode P.C.
• 1 month 4 days ago

Citation:

24-2028 (10th Circuit, Dec 04,2024) Not Published

Case Status:

Affirmed

Ruling:

The Tenth Circuit Court of Appeal, following appeal from the Bankruptcy Appellate Panel for the Tenth Circuit, affirmed the bankruptcy court's use of quasi-estoppel principals to find the debtor...

Judge(s):

TYMKOVICH, McHUGH, and MORITZ

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraud
• Fraudulent Transfers
• Commercial Fraud

ROSE COURT, LLC V. SELECT PORTFOLIO SERVI

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 2 months 3 weeks ago

Citation:

21-16663 (9th Circuit, Oct 17,2024) Published

Case Status:

Affirmed

Ruling:

A panel of the U.S. Court of Appeals for the Ninth Circuit affirmed a ruling by the U.S. District Court for the Northern District of California affirming the decision of that district's bankruptcy...

Judge(s):

Daniel P. Collins; Danielle J. Forrest; and Jennifer Sung

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Fraudulent Transfers
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Professional Practice Areas
• Real Estate
• Small Business
• Fed. R. Bankr. P. 7041

THE LOVERING TUBBS TRUST, ET AL V. TIMOTHY W. HOFFMAN

• Summarized by Bradley Pearce , Pearce Law PLLC
• 3 months 4 weeks ago

Citation:

23-60005 (9th Circuit, Sep 09,2024) Published

Case Status:

Affirmed

Ruling:

The chapter 7 trustee (i) had Article III standing to bring a fraudulent transfer avoidance action because the trustee represents the bankruptcy estate, not the debtor's creditors; and (ii) did not...

Judge(s):

Carlos T. Bea, David F. Hamilton,* and Morgan Christen, Circuit Judges (*United States Court of Appeals for the Seventh Circuit, sitting by designation)

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraudulent Transfers
• 548

THE LOVERING TUBBS TRUST, ET AL V. TIMOTHY W. HOFFMAN

• Summarized by Michael Myers , Ballard Spahr LLP
• 3 months 3 weeks ago

Citation:

23-60005 (9th Circuit, Sep 09,2024) Published

Case Status:

Affirmed

Ruling:

The Ninth Circuit Court of Appeals affirmed the Bankruptcy Appellate Panel (BAP) and bankruptcy court decisions granting summary judgment in favor of the chapter 7 trustee on his 11 USC...

Judge(s):

Bea, Hamilton, and Christen

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraudulent Transfers
• Practice and Procedure
• Personal Bankruptcy Topics
• Predatory Lending
• Professional Practice Areas
• Commercial Fraud
• 11 USC 548(a)(1)(A)

POSHOW ANN KIRKLAND, ET AL V. JASO

• Summarized by Solymar Castillo-Morales , Goldman Antonetti & Cordova
• 4 months 2 weeks ago

Citation:

No. 22-55944 (9th Circuit, Aug 23,2024) Published

Case Status:

Affirmed

Ruling:

The Circuit Court affirmed the district court’s order affirming a judgment of the bankruptcy court, and remanded for further proceedings, in a fraudulent transfer action in which a jury...

Judge(s):

Richard R. Clifton, Gabriel P. Sanchez, and Edward R. Korman,

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Claims
• Fraud
• Fraudulent Transfers
• Preferences
• Commercial Fraud
• 11 USC 544(B)
• 548

Stadtmauer v. Tulis (In re Nordlicht)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 4 months 2 weeks ago

Citation:

22-1223-bk (2nd Circuit, Aug 15,2024) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Second Circuit held a bankruptcy court did not err in approving a Chapter 7 Trustee's settlement of legal claims filed by Appellants against the debtor and third...

Judge(s):

Livingston, Sack

Tag(s):

• 2nd Circuit
• Asset Sales
• Bankruptcy Litigation
• Claims
• Fraudulent Transfers
• Practice and Procedure
• Fed. R. Bankr. P. 2002(a)(3); Fed. R. Bankr. P. 7001(2); Fed. R. Bankr. P. 9019(a)
• 11 U.S.C. § 101(5)
• (37); 11 U.S.C. § 105(a); 11 U.S.C. § 108(c)(2); 11 U.S.C. § 362(a); 11 U.S.C. § 363(b)
• (f); 11 U.S.C. § 506(a)(1); 11 U.S.C. § 541; 11 U.S.C. § 544

Rechnitz v. Schmidt

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 4 months 3 weeks ago

Citation:

23-20386 (5th Circuit, Aug 14,2024) Published

Case Status:

Affirmed

Ruling:

In this direct appeal, the U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the ruling of the U.S. Bankruptcy Court for the Southern District of Texas (BC) that the trustee for two...

Judge(s):

Kyle S. Duncan; Jennifer W. Elrod; and Irma C. Ramirez

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Claims
• Corporate Governance
• Fraud
• Fraudulent Transfers
• Practice and Procedure
• Preferences
• Valuation
• Venue/Jurisdiction
• Business Reorganization
• Commercial Fraud
• Lender Liability
• 11 U.S.C. § 548(a)(1)(A); 11 U.S.C. § 550(a)(2); 11 U.S.C. § 550(b)(1)

STEVEN P. KARTZMAN V. LATOC, INC. : "THE MALL AT THE GALAXY"

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 5 months 3 days ago

Citation:

23-1906 (3rd Circuit, Aug 07,2024) Not Published

Case Status:

Affirmed

Ruling:

In this non-precedential opinion, the Third Circuit affirmed the decision of the District Court affirming the decision of the Bankruptcy Court finding in favor of the chapter 7 trustee avoiding a...

Judge(s):

CHAGARES, Chief Judge, PORTER and SCIRICA, Circuit Judges

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Fraudulent Transfers
• Practice and Procedure
• 11 U.S.C. §§ 548(a)(1)(B) and 544(b)(1)

MARGUERITE POTTER and KEVIN POTTER

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 6 months 1 week ago

Citation:

23-2625 (3rd Circuit, Jun 26,2024) Published

Case Status:

Affirmed

Ruling:

In this non-precedential ruling, the Third Circuit affirmed the decisions of the District and Bankruptcy Courts annulling the automatic stay and dismissing the pro se debtors’ civil action...

Judge(s):

JORDAN, PHILLPS and NYGAARD, Circuit Judges

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Fraudulent Transfers
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Real Estate
• 11 U.S.C. 362(k); 28 U.S.C. 157(a)

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