The BAP for the 9th Circuit reversed the ruling of the bankruptcy court (D. Or.) finding appellants in contempt for violating debtor's discharge injunction, finding the bankruptcy court erred by...
Affirm the District Court's dismissal of the complaint, on preemption rather than standing grounds. The rights of creditors to bring state law, fraudulent conveyance claims not limited in the...
Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
10 years 1 month ago
Citation:
2016 U.S. App. LEXIS 5787 (2d Cir. N.Y. Mar. 29, 2016)
Ruling:
The Second Circuit addressed two issues: (i) whether appellants are barred by the Bankruptcy Code's automatic stay provision from bringing state law, constructive fraudulent conveyance claims while...
Judge(s):
WINTER, DRONEY, Circuit Judges, and HELLERSTEIN, District Judge
Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
10 years 1 month ago
Citation:
15-1894
Ruling:
Since no final judgment or appealable order was entered by the Bankruptcy Court, the Court of Appeals lacks appellate jurisdiction to review the District Court’s decision.
Judge(s):
WOOD, Chief Judge, EASTERBROOK, Circuit Judge, and BRUCE, District Judge
In a published decision, the 9th Circuit affirmed the district court's (C.D. Cal.) summary judgment in favor of accountants on tort claims brought by court appointed receiver against accountants...
Judge(s):
Pregerson, Trott, Stafford (sitting by designation)
Smith v. SIPI, LLC (In re Smith), No. 1:13-cv-06422 (7th Cir. Jan. 20, 2016)
Ruling:
A tax sale lawfully conducted according to Illinois's interest rate auction system does not necessarily establish a transfer for reasonably equivalent value within the meaning of 11 U.S.C....
Sikirica v. Wettach (In re Wettach), No. 14-3140, slip op. (3d Cir. Jan. 20, 2016)
Ruling:
The district court's (W.D. Pa.) affirmance of the bankruptcy court's (Bankr. W.D. Pa.) decision is affirmed. According to the appellate review, the bankruptcy court correctly imposed on the Chapter...
Judge(s):
Benton, Sentelle, and Gilman, JJ. (The Honorable Duane Benton, Circuit Judge of the Eighth Circuit Court of Appeals, the Honorable David Bryan Sentelle, Senior Circuit Judge of the District of Columbia Court of Appeals, and the Honorable Ronald Lee Gilman, Senior Circuit Judge of the Sixth Circuit Court of Appeals, sitting by designation.)
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 3 months ago
Citation:
Gladstone v. U.S. Bancorp, No. 13-55773 (9th Cir. Jan. 8, 2016).
Ruling:
A trustee may seek to avoid as fraudulent the debtor’s prepetition sale of a term life-insurance policy.
Judge(s):
Sidney R. Thomas, Chief Judge, Consuelo M. Callahan, Circuit Judge, and James K. Singleton, Senior District Judge for the U.S. District Court for the District of Alaska, sitting by designation. Opinion by Chief Judge Thomas.
Grede v. Bank of New York Mellon Corp., et al. (In re Sentinal Mgmt. Group, Inc.), Case No. 15-1039 (7th Cir. January 8, 2016).
Ruling:
When a transferee is on “inquiry notice,” it has a duty to make further investigations into the facts surrounding a transfer to it and the failure to make such investigations renders its...
