Home » Bankruptcy Process and Procedure » Fraudulent Transfers

Edwards Family Partnership, et al v. Johnson

Citation:
20-61011 (5th Circuit, Apr 27,2022) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
A second review appeal and cross-appeal from the decisions of the U.S. Bankruptcy and District Courts for the Southern District of Mississippi (BC and DC) in which each party raised four issues,...
Judge(s):
Stephen A. Higginson; James L. Dennis; and Gregg J. Costa
Tag(s):

In re- BCB CONTRACTING SERVICES, LLC

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 11 months 1 week ago
Citation:
BAP No. AZ-21-1254-BSF (9th Circuit, Apr 21,2022) Not Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel (BAP) affirmed the bankruptcy court's sanctions award against an attorney for the chapter 7 debtor company and its non-debtor principal based on the...
Judge(s):
BRAND, SPRAKER, and FARIS
Tag(s):

In re- Douglas A. Kelley

Citation:
20-3330 (8th Circuit, Apr 21,2022) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
In another appeal arising out of the Ponzi schemes of Thomas Peters (TP), the U.S. Court of Appeals for the Eighth Circuit partly diverged from the U.S. District Court for the District of...
Judge(s):
Bobby E. Shepherd; Steven M. Colloton; and Jane L. Kelly
Tag(s):

In re: SELIM AYKIRAN

Citation:
21-1134 (9th Circuit, Jan 25,2022) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) upheld as proper the dismissal by the U.S. Bankruptcy Court for the Northern District of California (BC) of claims, as set forth in...
Judge(s):
Laura S. Taylor; Robert J. Faris; and Scott H. Gan
Tag(s):

Lawrence v. Frost Bank

  • Summarized by J. Newman , Newman & Newman
  • 1 year 2 months ago
Citation:
No. 21-10103 (5th Circuit, Jan 12,2022) Not Published
Case Status:
Affirmed
Ruling:
The bankruptcy court did not err in finding that Lawrence intended to defraud Frost by perpetuating a fraudulent conveyance scheme and that Lawrence committed actual fraud actionable under §...
Judge(s):
Owen, Chief Judge, and Jones and Wilson, Circuit Judges
Tag(s):

Zolnier v. Collins

Citation:
21-20260 (5th Circuit, Dec 06,2021) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Court of Appeals agreed with the bankruptcy court that debts were dischargeable. The debtors' removal of furniture during state court litigation was not a "transfer." Even if such disposals...
Judge(s):
Per curiam (Higginbotham, Stewart and Wilson)
Tag(s):

In re- BRADLEY EDWARD KOEBERER and NANCY LOUISE KOEBERER

Citation:
21-1078 (9th Circuit, Nov 18,2021) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
In an opinion most of the bankruptcy court's judgment as to a creditor's violation of the automatic stay, but vacating its denial of attorneys' fees based on the "technical" nature of these...
Judge(s):
Robert J. Faris; Julia W. Brand; and Gary A. Spraker
Tag(s):

In re ANDREW LINTON

Citation:
20-1175 (9th Circuit, Oct 06,2021) Published
Case Status:
Affirmed
Ruling:
Confronting a byzantine fact pattern in but the latest aspect of a “multi-forum Whack-a-Mole tournament," the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed a bankruptcy...
Judge(s):
Christopher M. Klein; Laura S. Taylor; and Julia W. Brand
Tag(s):

In re: DIANN MARIE CATES

Citation:
18-1355 (10th Circuit, Sep 28,2021) Published
Case Status:
Reversed and Remanded
Ruling:
Under section 547(b) and Colorado law, a deed of trust filed after the debtor transferred title to property, even if the transfer is to a trust controlled by the debtor, does not become a transfer...
Judge(s):
HOLMES, BRISCOE, and EID
Tag(s):

In re GREGORY LEE CUTULI

Citation:
20-14515 (11th Circuit, Sep 23,2021) Published
Case Status:
Affirmed
Ruling:
Bankruptcy courts have discretion under Fed. R. Bankr. P. 7004(m) to extend the time for a plaintiff to properly serve the summons and complaint on a debtor and its attorney, even if the extension...
Judge(s):
JILL PRYOR, LUCK, and MARCUS, Circuit Judges
Tag(s):

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