Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 9 months ago
Citation:
Heide v. Heide (In re Juve), 8th Cir. Court of Appeals, No. 13-2054 (July 31, 2014)
Ruling:
The Court of Appeals for the 8th Circuit reversed the Bankruptcy Appellate Panel (BAP), which found that the bankruptcy court clearly erred in its factual findings, and directed reinstatement of...
Judge(s):
SMITH, BEAM, and BENTON, Circuit Judges. Judge Smith wrote the opinion
Ninth Circuit Case No. 12-60032 (July 16, 2014) (Unpublished)
Ruling:
A "transferee” under 11 U.S.C. § 550(a)(1) is one who has legal title to the funds and the ability to use them as the recipient sees fit. This is the "dominion test". Allegations of open and...
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.
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
Davis v. Pham, et al., Case No. KS-13-002 (B.A.P 10th Cir. May 9, 2014) (unpublished)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...
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.
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...
Summarized by Cullen Brown , Bradley Arant Boult Cummings LLP
12 years 1 month 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...
