Affirmed the BAP's decision (i) reversing the Bankruptcy Court's dismissal of the estate's fraudulent transfer claims as being time-barred, and (ii) affirming the Bankruptcy Court's dismissal of...
Judge(s):
Kim McLane Wardlaw, Jay S. Bybee, Circuit Judges, and Harvey Bartle III, District Judge
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...
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...
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)
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...
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...
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...
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...
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...
