Ninth Circuit Court of Appeals Case No. 13-35903 (July 9, 2015) (Not for Publication)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.
Strauss v. Cole, No. 14-3302 (8th Cir. July 6, 2015)
Ruling:
Eighth Circuit affirmed district court ((W.D. Miss. - Jefferson City) and concluded there was no basis for reversal on defendants' appeal of grant of summary judgment in favor of trustee plaintiff...
Affirmed. Defendant Alfredo Pacheco- Martinez was convicted of various offenses arising from his multi-year effort to swindle scores of unsuspecting victims out of over a million dollars and to...
Judge(s):
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Aida M. Delgado-Colón, U.S. District Judge
Before
Howard, Chief Judge,
Selya and Lynch, Circuit Judges
Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
10 years 11 months ago
Citation:
Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc. (In re Jevic Holding Corp.), No. 14-1465 (3d Cir. May 21, 2015)
Ruling:
The United States Court of Appeals for the Third Circuit held where there is no showing that a structured dismissal of a chapter 11 case "has been contrived to evade the procedural protections and...
1756 W. Lake Street LLC v. American Chartered Bank and Scherston Real Estate Investments, LLC, Court of Appeals, 7th Circuit (May 15, 2015)
Ruling:
Value derived from several forbearance agreements and related concessions from a creditor satisfies the reasonable equivalence test in the face of an avoidance action brought by the debtor where...
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
10 years 11 months ago
Citation:
2015 WL 2237147
Ruling:
The bankruptcy court erred in calculating damages and offset under Section 550. The bankruptcy court incorrectly gave defendant an offset for costs of improvements after finding that he did not...
Ritchie Capital Management LLC v. Kelley, __ F.3d __, 2015 WL 1963696 (8th CIr. May 4, 2015)
Ruling:
Bankruptcy court approval of allocation of settlement proceeds was affirmed as the court did not abuse its discretion and had an adequate record to determine whether allocation was fair and in the...
Case No. 14-1257 (3d Cir. April 2, 2015) (NOT PRECEDENTIAL)
Ruling:
Grant of summary judgment in favor of defendant is affirmed. Under New Jersey's Uniform Fraudulent Transfer Act (UFTA), trustee must demonstrate that debtor did not receive "reasonably equivalent...
In re 2920 ER, L.L.C., No. 14-20734 (5th Cir. April 2, 2015)
Ruling:
The 5th Circuit denied petition for mandamus relief, but vacated the district court's order (S.D. Tx.) prohibiting judgment debtor from transferring funds, and compelling postjudgment discovery,...
Curtis v. Perkins (In re International Management Associates, LLC), No. 14-13423 (11th Cir. Mar. 19, 2015)
Ruling:
The Eleventh Circuit affirmed the Georgia District Court’s affirmance of the Bankruptcy Court’s admission of critical business summaries and its Ponzi scheme finding. With respect to the...
