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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

Guallini-Indij v. Banco Popular de Puerto Rico

Summarizing by Bradley Pearce

Home » Bankruptcy Process and Procedure » Fraudulent Transfers

Golden v. Clay Lacy Aviation, Inc. (In re Aletheia Research and Management, Inc.)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 10 years 3 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.
Tag(s):

Flemmer v. Weiner (In re Village Concepts, Inc.)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 10 years 3 months ago
Citation:
9th Cir. BAP No. EC-15-1186-JuFD (December 4, 2015) (unpublished)
Ruling:
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...
Judge(s):
JURY, FARIS, and DUNN, Bankruptcy Judges
Tag(s):

Hernandez v. Wells Fargo Bank, N.A., et al. (In re Hernandez)

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 4 months ago
Citation:
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...
Judge(s):
Taylor, Dunn, Jury
Tag(s):

Brown v. Billingslea (In re Brown)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 4 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. SC-14-1388-JuKlPa (October 26, 2015)
Ruling:
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
Tag(s):

Gepner v. Kidd (In re Kidd)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 10 years 4 months ago
Citation:
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...
Judge(s):
Thurman, Jacobvitz, Hall (Jacobvitz)
Tag(s):

Weinman v. Walker (In re Adam Aircraft Industries, Inc.)

Citation:
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
Tag(s):

Gladstone v. Schaefer (In re UC Lofts on 4th, LLC)

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 6 months ago
Citation:
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...
Judge(s):
Jury, Klein, Pappas
Tag(s):

Expert South Tulsa, LLC, et al. v. Cornerstone Creek Partners, LLC

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 7 months ago
Citation:
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...
Judge(s):
Thurman, Michael, Romero
Tag(s):

Sauer Inc. v. Lawson (In re Lawson)

  • Summarized by Bodie Colwell , Preti Flaherty LLP
  • 10 years 8 months ago
Citation:
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...
Judge(s):
Lynch, Thompson, Kayatta
Tag(s):

Gugino v. Greater Rome Bank (In re Payroll America, Inc.)

Citation:
Ninth Circuit Court of Appeals Case No. 13-35903 (July 9, 2015) (Not for Publication)
Ruling:
Trustee failed to demonstrate a fraudulent transfer where Defendant bank had no dominion over the money transferred from Debtor and was therefore not an initial transferee; bank was not an entity...
Judge(s):
NGUYEN and FRIEDLAND, Circuit Judges and CARNEY District Judge sitting by designation.
Tag(s):

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