HUNTINGTON NATIONAL BANK v AIG SPECIALTY INSURANCE CO., et al.,

Citation:
23-3039; File Name: 24a0049n.06 (6th Circuit, Feb 01,2024) Not Published
Case Status:
Reversed
Ruling:
The claim of Huntington National Bank (HNB) against its insurer for the denial of insurance coverage for HNB's settlement of a fraudulent transfer proceeding brought by the bankruptcy trustee of a...
Judge(s):
Moore, Gibbons and Stranch
Tag(s):

In re: STONE PINE INVESTMENT BANKING, LLC,

Citation:
Nos. 21-1423, 21-1431, 21-1439; D.C Case No. 20-cv-01372 (10th Circuit, Dec 19,2023) Published
Case Status:
Affirmed
Ruling:
The Tenth Circuit Court of Appeals affirmed the determination by the Bankruptcy Court for the District of Colorado that equitable tolling applied to certain fraudulent transfer claims brought by...
Judge(s):
PHILLIPS, MURPHY, and ROSSMAN
Tag(s):

In re: BLACK IRON

Citation:
21-04116, D.C. No. 2:18-CV-00962-BSJ (10th Circuit, Dec 18,2023) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Tenth Circuit Court of Appeals affirmed the Bankruptcy Court and District Court for the District of Utah's determination that under Utah law, the Debtor, through its predecessor in interest,...
Judge(s):
BACHARACH, BALDOCK, and EBEL
Tag(s):

In re: PRIME METALS U.S.A., INC.,

Citation:
CC-22-1222-CFL (9th Circuit, Dec 13,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the grant of summary judgment to Hyundai Steel Company (Hyundai) by the U.S. Bankruptcy Court for the Central District of...
Judge(s):
Frederick P. Corbit; Robert J. Faris; and William J. Lafferty III
Tag(s):

In re: CHUZA OIL COMPANY

Citation:
No. 22-2073, BAP No. 21-029-NM (10th Circuit, Dec 12,2023) Published
Case Status:
Reversed
Ruling:
The Tenth Circuit Court of Appeals reversed the Tenth Circuit BAP and affirmed the Bankruptcy Court for the District of New Mexico after determining that Chuza Oil Co, lacked a cognizable interest...
Judge(s):
TYMKOVICH, BACHARACH, and PHILLIPS
Tag(s):

PRN REAL ESTATE & INVESTMENTS, LTD v. William Cole

Citation:
22-11118 (11th Circuit, Nov 02,2023) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Eleventh Circuit affirmed rulings that debtor's conduct did not amount to concealment of estate property or constitute false oaths necessary to bar discharge under section 727. The Eleventh...
Judge(s):
Jill Pryor and Grant, Circuit Judges and Maze, District Judge
Tag(s):

DuVall v. County of Ontario

Citation:
21-2917-bk (2nd Circuit, Sep 29,2023) Published
Case Status:
Affirmed
Ruling:
When determining whether a transfer left an entity insolvent, courts must accept the facts as they are and not as they hypothetically may be. Thus, when a debtor declared property as exempt under...
Judge(s):
CALABRESI, LOHIER, and KAHN, Circuit Judges
Tag(s):

In re TransCare Corporation

Citation:
21-2547, 21-2576 (2nd Circuit, Aug 28,2023) Published
Case Status:
Affirmed
Ruling:
The Second Circuit held that in determining damages under section 548 the "value of the property" avoided is going concern value and not liquidation value.
Judge(s):
Circuit Judges Nathan, Menashi and Merriam with Judge Menashi dissenting
Tag(s):

Castaldi v. Schwartzer (In re: Welscorp, Inc.)

Citation:
BAP No. NV-23-1031-BGC (9th Circuit, Jul 20,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit found a bankruptcy court properly granted summary judgment to a Chapter 7 Trustee who sought to avoid and recover actually fraudulent...
Judge(s):
BRAND, GAN, and CORBIT
Tag(s):

Tianjin Dinghui Hongjun Equity Inv. P'ship (L.P.) v. Pac. Links U.S. Holdings, Inc. (In re Pac. Links U.S. Holdings, Inc.)

Citation:
BAP No. HI-22-1191-BCL (9th Circuit, Jul 18,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court did not clearly err in finding a creditor received constructively fraudulent transfers from debtors related to their...
Judge(s):
BRAND, CORBIT, and LAFFERTY
Tag(s):

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