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Home » Bankruptcy Process and Procedure » Fraudulent Transfers

MC Asset Recovery LLC v. Commerzbank A.G., et. al (In re Mirant Corp.)

  • Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
  • 14 years 5 days ago
Citation:
Case No. 11-10070 (5th Cir. March 20, 2012).
Ruling:
Plaintiff had standing to avoid the debtor’s guaranty obligations pursuant to 11 U.S.C. § 544(b) and the laws of the State of New York. The decision was driven by the Fifth Circuit’s...
Judge(s):
Benavides and Prado, Circuit Judges, and Alvarez, District Judge, sitting by designation.
Tag(s):

Southeast Waffles, LLC v. U.S. Dept. of Treasury (In re Southeast Waffles, LLC)

  • Summarized by Jonathan Myers , Credit Acceptance
  • 14 years 3 months ago
Citation:
2011 Fed App 014P (6th Cir.)
Ruling:
This case presented an issue of first impression in the Sixth Circuit about how reasonably equivalent value is calculated when the transfer is a payment of a tax obligation owed to the IRS. ...
Judge(s):
Boswell, Harris and McIvor
Tag(s):

Seaver v. New Buffalo Auto Sales, LLC (In re Hecker)

  • Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
  • 14 years 5 months ago
Citation:
Case No. 11-6007 (8th Cir. Oct. 20, 2011)
Ruling:
The Court ruled that because there was no equity in the real property at issue on the petition date, judgment liens held by certain judgment holders, who ended up recovering on their judgment liens...
Judge(s):
Schermer, Vetners, and Nail
Tag(s):

Banks v. Kondaur Capital Corp. (In re Banks)

Citation:
Banks v. Kondaur (In re Banks) Case No. 11-6025 - 8th Circuit (BAP October 2011)
Ruling:
Reverse and remand to bankruptcy court its previous summary judgment in favor of Defendant Kondaur Mortgage Corp. Specifically, in this case, because there was a material issue of fact regarding...
Judge(s):
Venters, Federman and Saladino - Bankruptcy Judges for the BAP.
Tag(s):

Brock v. Hammonds (In re Triton Enterprises, Inc.)

  • Summarized by Paul Hage , Taft, Stettinius & Hollister, LLP
  • 14 years 8 months ago
Citation:
2011 WL 2646549 (6th Cir. BAP, July 7, 2011)
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's findings of fact and conclusions of law holding that the trustee had not met her burden of proof with respect to...
Judge(s):
Fulton, Harris and Rhodes, Bankruptcy Appellate Panel Judges
Tag(s):

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