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Home » Bankruptcy Process and Procedure » Fraudulent Transfers

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

  • Summarized by David Bury , Stone & Baxter, LLP
  • 11 years 3 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 3 months 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):

Listecki v. Official Committee of Unsecured Creditors

  • Summarized by Kurt Carlson , Carlson Dash LLC
  • 11 years 3 months ago
Citation:
Listecki v. Official Committee of Unsecured Creditors, Court of Appeals, 7th Circuit 2015 (unpublished)
Ruling:
The Religious Freedom Restoration Act (“RFRA”) does not apply to cases where the “government,” as defined in RFRA, is not a party. Also, even where the Free Exercise Clause of the First...
Judge(s):
Flaum, Williams
Tag(s):

LTF Real Estate Co. v. Expert South Tulsa, LLC

  • Summarized by Brandon Bickle , Gable & Gotwals, PC
  • 11 years 4 months ago
Citation:
10th Cir. BAP No. KS-14-009
Ruling:
The BAP first held that the bankruptcy court did not abuse its discretion in granting summary judgment prior to the commencement of discovery, and EST failed to comply with the requirements of Fed....
Judge(s):
Thurman, Chief Judge; Romero and Jacobvitz, Bankruptcy Judges. Opinion by Jacobvitz.
Tag(s):

Rund v. Bank of America Corp. (In re EPD Investment Co., LLC)

Citation:
Rund v. Bank of America Corp. (In re EPD Investment Co., LLC), BAP Nos. CC-13-1374-KiKuDa and CC-13-1375-KiKuDa (9th Cir., Jan. 7, 2015)
Ruling:
REVERSING the order of the bankruptcy court, the BAP held that 11 USC 546 (a) preempts a state-law fraudulent transfer statute of repose, and that the reach back period is established on the...
Judge(s):
Kirscher, Kurtz, and Davis
Tag(s):

Picard v. Ida Fishman Revocable Trust (In re Bernard Madoff Investment Securities LLC)

  • Summarized by Jordan Wishnew , Shearman & Sterling LLP
  • 11 years 6 months ago
Citation:
12-2557-bk(L)
Ruling:
SIPA Trustee's avoidance claims to recover fictitious profits paid by Bernard L. Madoff Securities LLC to hundreds of customers were not avoidable and fell within the section 546(e) safe harbor...
Judge(s):
Parker, Lynch and Droney
Tag(s):

Elliott v. Weil (In re Elliott)

  • Summarized by Jon Powers , White and Williams LLP
  • 11 years 6 months ago
Citation:
BAP Case Nos. CC-14-1050-KiTaD and CC-14-1059-KiTaD
Ruling:
The BAP held the Supreme Court's recent decision in Law v. Siegel, 134 S.Ct. 1188 (2014) prohibits a bankruptcy court from denying a debtor's claimed exemption (or amendment to an exemption) on the...
Judge(s):
Kirscher, Taylor, and Dunn. Opinion by Judge Kirscher.
Tag(s):

Pineda Grantor Trust v. Dunlap Oil Co. (In re Dunlap Oil Co.)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 11 years 6 months ago
Citation:
Pineda Grantor Trust v. Dunlap Oil Co. (In re Dunlap Oil Co.) 9th Cir. B.A.P, BAP No. AZ-14-1172-JuKiD, (December 5, 2014) [Not for Publication]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s order confirming the second amended joint plan (SAJP) filed by chapter 11 debtors, Dunlap Oil...
Judge(s):
JURY, KIRSCHER, and DUNN, Bankruptcy Judges.
Tag(s):

Mano-Y&M, Ltd v. Field (In re The Mortgage Store, Inc.)

  • Summarized by David Hercher , U.S. Bankruptcy Court
  • 11 years 6 months ago
Citation:
In re The Mortgage Store, Inc., No. 13-16020 (9th Cir. Dec. 5, 2014).
Ruling:
An initial transferee under § 550(a)(1) is one who has “dominion” over the transferred property by both holding legal title to the property and having the ability to use it as the transferee...
Judge(s):
A. Wallace Tashima, Johnnie B. Rawlinson, and Richard R. Clifton, Circuit Judges.
Tag(s):

Mullin v. Wells Fargo Bank (In re Mullin)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 11 years 7 months ago
Citation:
Mullin v. Wells Fargo Bank (In re Mullin), 9th Cir. B.AP. (BAP No. NC-13-1400-JuKuPa) November 10, 2014 [NOT FOR PUBLICATION]
Ruling:
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel, affirmed the bankruptcy court’s order dismissing with prejudice their first and second amended adversary complaints filed...
Judge(s):
JURY, KURTZ, and PAPPAS, Bankruptcy Judges
Tag(s):

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