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TALON DIVERSIFIED HOLDINGS INC., ET AL. V FORSYTHE

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Home » Bankruptcy Process and Procedure » Fraudulent Transfers

Korchinsky v. Skyline Vista Equities, LLC (In re Manasaryan)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 11 years 7 months ago
Citation:
Korchinsky v. Skyline Vista Equities, LLC (In re Manasaryan), No. CC-13-1303-DKiTa (July 23, 2014)
Ruling:
The bankruptcy court properly granted in rem and retroactive stay relief in a chapter 13 case. (Not-for-publication memorandum.)
Judge(s):
Randall L. Dunn, Ralph B. Kirscher, and Laura S. Taylor, Bankruptcy Judges
Tag(s):

Kane v. Stewart Tilghman Fox & Bianchi

  • Summarized by David Bury , Stone & Baxter, LLP
  • 11 years 8 months ago
Citation:
Kane, et al. v. Stewart Tilghman Fox & Bianchi, P.A., et al. (In re Kane), No. 13-10560 (11th Cir. Jun. 26, 2014)
Ruling:
The 11th Circuit affirmed the lower courts’ finding that (i) the Stewart Firms’ $2M judgment against the two Kane debtors was excepted from discharge under §523(a)(6) (willful and malicious...
Judge(s):
Marcus, Circuit Judge; Proctor and Evans, District Judges.
Tag(s):

Wiand v. Lee

  • Summarized by Paul Avron , Berger Singerman LLP
  • 11 years 9 months ago
Citation:
No. 13-10448 (11th Cir. June 2, 2014)
Ruling:
The primary holdings were that (i) a transfer made in furtherance of a Ponzi scheme establishes as a matter of law actual intent to hinder, delay or defraud under Florida's version of the Uniform...
Judge(s):
Circuit Judges Martin and Anderson, and U.S. District Court Judge Fuller, Middle District of Alabama
Tag(s):

David v. Pham (In re Nguyen)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 11 years 10 months ago
Citation:
Davis v. Pham, et al., Case No. KS-13-002 (B.A.P 10th Cir. May 9, 2014) (unpublished)
Ruling:
A transfer by quit claim deed for no consideration of real property in which Debtor holds only bare legal title is not avoidable under § 548 since the conveyance was not a transfer of an interest...
Judge(s):
Thurman, Cornish, Mosier
Tag(s):

Anderson v. Architectural Glass Construction, Inc. (In re Phister)

  • Summarized by Ann Brogan , Davey | Brogan, PC
  • 11 years 11 months ago
Citation:
Case No. 12-2465 (4th Cir. April 17, 2014)
Ruling:
In a published decision, the Fourth Circuit reversed the decision of the District Court of South Carolina which had reversed the bankruptcy court's decision that the debtor's transfer of her...
Judge(s):
Before Circuit Judges Motz, King and Shedd. Judge Motz wrote the majority opinion, in which Judge King joined. Judge Shedd wrote a dissenting opinion.
Tag(s):

Adelphia Recovery Trust v. Goldman

  • Summarized by Ferve Ozturk , BakerHostetler
  • 11 years 11 months ago
Citation:
No. 11-1858, Slip Op. (2d Cir. Apr. 4, 2014)
Ruling:
Post-confirmation trust was judicially estopped from claiming that funds transferred to a cash management system were property of the debtors because the schedules and other documents filed by the...
Judge(s):
Winter, Walker, Cabranes
Tag(s):

Menotte v. US (In re Custom Contractors, LLC)

  • Summarized by Cullen Brown , Bradley Arant Boult Cummings LLP
  • 11 years 11 months ago
Citation:
2014 WL 1226852
Ruling:
The Eleventh Circuit held that the Internal Revenue Service was not liable as an "initial transferree" under 11 U.S.C. § 550(a)(1) as to pre-paid taxes that were otherwise avoidable by the...
Judge(s):
Chief Judge Carnes, Judges Wilson and Fay.
Tag(s):

Gold v. First Tennessee Bank National Association (In re Taneja)

  • Summarized by Brooke Schumm , Daneker, McIntire, Schumm, et al.
  • 12 years 2 weeks ago
Citation:
In re Taneja (Gold, Trustee, v. First Tennessee Bank, N.A., Slip Opin., February Case No 13-1058, (4th Cir. 2014) (scheduled for publication)
Ruling:
Over a dissenting opinion, the Circuit Court affirmed 2-1 the ruling of the District Court on appeal, and the bankruptcy court's finding at trial that the Bank was a good faith transferee of assets...
Judge(s):
Keenan, Wynn, Thacker (dissenting)
Tag(s):

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