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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

Strauss v. Cole

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 8 months ago
Citation:
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...
Judge(s):
Smith, Bowman, Colloton
Tag(s):

U.S.A. v. Alfredo Pacheco-Martinez

  • Summarized by William Amann , Amann Burnett, PLLC
  • 10 years 8 months ago
Citation:
USCA (1st Cir.) No. 13-2154
Ruling:
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
Tag(s):

Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc. (In re Jevic Holding Corp.)

  • Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
  • 10 years 9 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...
Judge(s):
Hardiman, Scirica, and Barry, Circuit Judges
Tag(s):

1756 W. Lake St LLC v. American Chartered Bank and Scherston Real Estate Investments, LLC

  • Summarized by Kurt Carlson , Carlson Dash LLC
  • 10 years 9 months ago
Citation:
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...
Judge(s):
Posner, Sykes, Simon
Tag(s):

Kaler v. Slominski (In re Keeley and Grabanski Land Partnership)

  • Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
  • 10 years 10 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...
Judge(s):
Federman, Nail, and Shodeen
Tag(s):

Ritchie Captial Mgt., L.L.C. v. Kelley

  • Summarized by William Wallo , Bakke Norman, S.C.
  • 10 years 10 months ago
Citation:
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...
Judge(s):
Bye, Beam, and Benton
Tag(s):

Pyfer v. American Management Services, Inc. (In re National Pool Construction, Inc.)

  • Summarized by Valerie Hamilton , Sills Cummis & Gross PC
  • 10 years 10 months ago
Citation:
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...
Judge(s):
Barry (author); Rendell; Fuentes
Tag(s):

In re 2920 ER, L.L.C.

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 11 months ago
Citation:
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,...
Judge(s):
Prado, Owen, Higginson
Tag(s):

Curtis, et al. v. Perkins (In re International Management Associates, LLC)

  • Summarized by David Bury , Stone & Baxter, LLP
  • 10 years 11 months ago
Citation:
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...
Judge(s):
Carnes; Hull; and Rosenbaum
Tag(s):

Stoebner v. JPMorgan Chase Bank

  • Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
  • 11 years 2 days ago
Citation:
14-1154, 2015 WL 1020736
Ruling:
Eighth Circuit affirmed bankruptcy court's finding that liens should be avoided as fraudulent conveyances because a sufficient number of the traditional badges of fraud were present to give rise to...
Judge(s):
Riley, Wollman, and Bye
Tag(s):

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