Lavenhar v. First American Title Insurance Co. (In re Lavenhar), Case No. 14-1391 (10th Cir. July 29, 2014). Published.
Ruling:
A chapter 7 trustee has the sole power to bring a fraudulent conveyance action but a creditor is a party in interest entitled to object to another creditor’s claim.
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 4 months ago
Citation:
In re Aletheia Research and Management, Inc., No. CC-15-1081-KiTaKu (9th Cir. B.A.P. Dec. 10, 2015).
Ruling:
In a constructive-fraudulent-transfer action, the trustee’s bare allegation that the debtor was insolvent when it made the transfers does not demonstrate plausibility under Twombly....
Judge(s):
Ralph B. Kirscher, Laura S. Taylor, and Frank L. Kurtz, Bankruptcy Judges.
Bankruptcy Trustee failed to carry its burden of proving insolvency of a debtor corporation, or actual fraudulent intent, at the time of alleged fraudulent transfers. The 9th Cir. BAP affirmed the...
Hernandez v. Wells Fargo Bank, N.A., et al. (In re Hernandez), BAP No. NC-15-1044-TaDJu (BAP 9th Cir. Nov. 3, 2015)
Ruling:
The BAP for the 9th Circuit affirmed the bankruptcy court (N.D. Ca.) order dismissing plaintiff/debtor's adversary complaint with prejudice under Rule 12(b)(6). The BAP found no abuse of...
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") applied the two-part test to determine whether the bankruptcy court abused its discretion: first, determine de novo whether the [bankruptcy]...
Judge(s):
JURY, KLEIN (sitting by designation) and PAPPAS, Bankruptcy Judges
Gepner v. Kidd (In re Kidd), Case No. KS-14-065 (BAP 10th Cir. October 23, 2015). Unpublished.
Ruling:
Actual fraud must be found to deny discharge under section 727(a)(2) and to deny a discharge under section 727(a)(4), the court must be convinced that the debtor knowingly and fraudulently made a...
Case No. 14-1236 (10th Cir. Ct. App. October 15, 2015).
Ruling:
The Tenth Circuit Court of Appeals affirmed the decision of the Bankruptcy Appellate Panel, which denied the Plaintiffs attempts to recover and avoid certain transfers under 11 U.S.C. 548.
Judge(s):
Tymkovich, Chief Judge and Hartz and Phillips, Circuit Judges
Gladstone, et al. v. Schaefer, et al. (In re UC Lofts on 4th, LLC, et al.), BAP No. SC-14-1287-JuKlPa & SC-14-1320-JuKlPa (BAP 9th Cir. Sept. 4, 2015)
Ruling:
In a 49 page opinion addressing ten issues related to fraudulent transfer, preference, and equitable subordination claims in a consolidated appeal, the BAP for the 9th Circuit affirmed the ruling...
Expert South Tulsa, LLC, et al. v. Cornerstone Creek Partners, LLC (In re Expert South Tulsa, LLC), BAP No. KS-14-027 (BAP 10th Cir. July 20, 2015)
Ruling:
The BAP for the 10th Circuit affirmed the ruling of the bankruptcy court granting summary judgment in favor of defendant of fraudulent transfer avoidance action. The BAP agreed that under 11 USC...
Sauer Inc. v. Lawson (In re Lawson), No. 14-2058 (1st Cir. July 1, 2015)
Ruling:
The First Circuit Court of Appeals VACATED the bankruptcy court's order dismissing the adversary proceeding and REMANDED for further proceedings consistent with the opinion. The First Circuit...
