Listecki v. Official Committee of Unsecured Creditors, Court of Appeals, 7th Circuit 2015 (unpublished)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...
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.
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...
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...
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.
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 3 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Grantor Trust v. Dunlap Oil Co. (In re Dunlap Oil Co.) 9th Cir. B.A.P, BAP No. AZ-14-1172-JuKiD, (December 5, 2014) [Not for Publication]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In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s order confirming the second amended joint plan (SAJP) filed by chapter 11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...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
11 years 3 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.
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 4 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...
D.C. No. 5:08-cv-04634-RMW (9th Cir., November 6, 2014) (NOT FOR PUBLICATION)
Ruling:
The Circuit AFFIRMED the district court and held that a pre-bankruptcy transfer was not a fraudulent conveyance. Certain regulations at issue regarding purchaser NVIDIA's disclosure of the value...
Stalnaker v. Allison, et al., No. 14-6018, No. 14-6019, 14-6020, 14-6025 (BAP 8th Cir. October 23, 2014)
Ruling:
The 8th Circuit BAP reversed and remanded an order of the U.S. Bankruptcy Court for the District of Nebraska - Omaha, ruling that although (a) the bankruptcy did not exceed its mandate on remand;...
