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TALON DIVERSIFIED HOLDINGS INC., ET AL. V FORSYTHE

Summarizing by Paris Gyparakis

Carbo v. Board of Tax Assessors

Summarizing by Danielle Scott

NAI HORIZON V. AMADEUS THERAPY, INC.

Summarizing by David Treacy

Home » Bankruptcy Process and Procedure » Fraudulent Transfers

Burdette v. Emerald Partners, LLC (In re Cascade Ag Services, Inc.)

Citation:
WW-17-1006-BKuF, WW-17-1007-BKuF (Cross-Appeals) (9th Circuit, Nov 02,2017) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court's ruling that the debtor's transfer of 2/3 of the proceeds from its 2011 blueberry crop was avoidable as a fraudulent transfer and that the intended...
Judge(s):
BRAND, KURTZ, FARIS
Tag(s):

Tow v. Bulmahn (In the Matter of ATP Oil & Gas Corp.)

  • Summarized by J. Newman , Newman & Newman
  • 8 years 4 months ago
Citation:
No. 17-30077 (5th Circuit, Oct 27,2017) Published
Case Status:
Affirmed
Ruling:
Circuit Court affirmed the district court’s judgment that the Trustee failed to state a plausible claim upon which relief can be granted. It also held that the district court did not abuse its...
Judge(s):
REAVLEY, PRADO, and GRAVES, Circuit Judges
Tag(s):

Scharrer v. Schron (In re Fundamental Long Term Care, Inc.)

  • Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
  • 8 years 4 months ago
Citation:
16-16462 (11th Circuit, Oct 19,2017) Published
Case Status:
Affirmed
Ruling:
Bankruptcy court had authority under the All Writs Act and Anti-Injunction Act to enjoin plaintiffs from reviving suits in state court based on the same "nucleus of facts" as the dismissed claim. ...
Judge(s):
Jordan and Carnes (Circuit Judges) and Vinson (District Judge)
Tag(s):

IN RE: WALLDESIGN, INC.

  • Summarized by Dean Rallis , Hahn & Hahn, LLP
  • 8 years 5 months ago
Citation:
15-56220 (9th Circuit, Oct 02,2017) Published
Case Status:
Affirmed
Ruling:
The appellants were deemed initial transferees and strictly liable for the return of the monies fraudulently transferred by the debtor.
Judge(s):
A. Wallace Tashima, Jacqueline H. Nguyen, Algenon L. Marbley
Tag(s):

IN RE: OPUS EAST LLC, ET AL.

  • Summarized by Alexandra Schnapp , U.S. Bankruptcy Court, Northern District of Georgia
  • 8 years 5 months ago
Citation:
No. 16-2202 (3rd Circuit, Sep 28,2017) Not Published
Case Status:
Affirmed
Ruling:
The Third Circuit Court of Appeals affirmed the district court's (D. Del.) opinion affirming the bankruptcy court's decision 1) that the debtor was solvent when it transferred certain assets...
Judge(s):
Chagares, Restrepo, and Roth
Tag(s):

Zazzali v. U.S.A. (In re DBSI, Inc.)

Citation:
16-35597 (9th Circuit, Aug 31,2017) Published
Case Status:
Affirmed
Ruling:
Section 106(a)(1) abrogates sovereign immunity, allowing bankruptcy trustees to sue the United States under state fraudulent transfer law for prepetition tax payments. Disagreeing with the Seventh...
Judge(s):
Hawkins, Gould, Paez
Tag(s):

Caudill Seed & Warehouse v. Rose (MMR Farms LLC)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 8 years 6 months ago
Citation:
16-4072 (7th Circuit, Aug 18,2017) Not Published
Case Status:
Affirmed
Ruling:
A settlement agreement is not a judicial decision and thus, does not give rise to issue preclusion and defending a case on the basis of a release is an affirmative defense that must be raised in a...
Judge(s):
Easterbrook, Rovner, Sykes (Easterbrook)
Tag(s):

Rosbottom, Jr. v. Schiff (In the Matter of Rosbottom, Jr.)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 8 years 7 months ago
Citation:
16-31108 (5th Circuit, Jul 17,2017) Not Published
Case Status:
Reversed and Rendered
Ruling:
Donations of "undivided" interests in Debtor's community property to two separate Qualified Personal Residential Trusts (QPRT) were ineffective and void due to their violation of article 2337 of...
Judge(s):
King, Prado, Southwick (Per Curiam)
Tag(s):

Edmondson v. Gordon (In re Gordon)

  • Summarized by Ryan Heilman , Heilman Law PLLC
  • 8 years 9 months ago
Citation:
12-09605 (6th Circuit, May 18,2017) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel affirmed the Bankruptcy Court's contempt finding and remanded for determination of amount of sanctions to be awarded. The Panel affirmed the Bankruptcy...
Judge(s):
DELK, HUMPHREY, and OPPERMAN
Tag(s):

Zucker v. U.S. Specialty Insurance Co.

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 8 years 9 months ago
Citation:
15-10987 (11th Circuit, May 16,2017) Published
Case Status:
Affirmed
Ruling:
The 11th Circuit affirmed the district court's ruling that the fraudulent transfer claims in a bankruptcy complaint fell within the prior acts exclusion in the insurance policy. Held that Parent...
Judge(s):
Carnes, Fay, and Parker
Tag(s):

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