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Guallini-Indij v. Banco Popular de Puerto Rico

Summarizing by Bradley Pearce

Home » Bankruptcy Process and Procedure » Fraudulent Transfers

GMAG v. Janvey

Citation:
22-10429 & 22-10235 (5th Circuit, Mar 20,2024) Published
Case Status:
Affirmed
Ruling:
In this non-bankruptcy opinion, the U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the decision of the U.S. District Court for the Northern District of Texas (DC) not to award a...
Judge(s):
Leslie H. Southwick; James L. Dennis; and Carl E. Stewart
Tag(s):

Petr v. BMO Harris Bank N.A. (In re BMO Harris Bank N.A.)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 1 year 11 months ago
Citation:
No. 23-1931 (7th Circuit, Mar 15,2024) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Seventh Circuit held the "safe harbor" of 11 U.S.C. § 546(e), which shields from avoidance certain transfers made “in connection with a securities contract,”...
Judge(s):
ST. EVE, KIRSCH, and LEE
Tag(s):

HUNTINGTON NATIONAL BANK v AIG SPECIALTY INSURANCE CO., et al.,

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 2 years 1 month ago
Citation:
23-3039; File Name: 24a0049n.06 (6th Circuit, Feb 01,2024) Not Published
Case Status:
Reversed
Ruling:
The claim of Huntington National Bank (HNB) against its insurer for the denial of insurance coverage for HNB's settlement of a fraudulent transfer proceeding brought by the bankruptcy trustee of a...
Judge(s):
Moore, Gibbons and Stranch
Tag(s):

In re: STONE PINE INVESTMENT BANKING, LLC,

  • Summarized by Jaden Banks , Nyemaster Goode, P.C.
  • 2 years 2 months ago
Citation:
Nos. 21-1423, 21-1431, 21-1439; D.C Case No. 20-cv-01372 (10th Circuit, Dec 19,2023) Published
Case Status:
Affirmed
Ruling:
The Tenth Circuit Court of Appeals affirmed the determination by the Bankruptcy Court for the District of Colorado that equitable tolling applied to certain fraudulent transfer claims brought by...
Judge(s):
PHILLIPS, MURPHY, and ROSSMAN
Tag(s):

In re: BLACK IRON

  • Summarized by Jaden Banks , Nyemaster Goode, P.C.
  • 2 years 2 months ago
Citation:
21-04116, D.C. No. 2:18-CV-00962-BSJ (10th Circuit, Dec 18,2023) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Tenth Circuit Court of Appeals affirmed the Bankruptcy Court and District Court for the District of Utah's determination that under Utah law, the Debtor, through its predecessor in interest,...
Judge(s):
BACHARACH, BALDOCK, and EBEL
Tag(s):

In re: PRIME METALS U.S.A., INC.,

Citation:
CC-22-1222-CFL (9th Circuit, Dec 13,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the grant of summary judgment to Hyundai Steel Company (Hyundai) by the U.S. Bankruptcy Court for the Central District of...
Judge(s):
Frederick P. Corbit; Robert J. Faris; and William J. Lafferty III
Tag(s):

In re: CHUZA OIL COMPANY

  • Summarized by Jaden Banks , Nyemaster Goode, P.C.
  • 2 years 2 months ago
Citation:
No. 22-2073, BAP No. 21-029-NM (10th Circuit, Dec 12,2023) Published
Case Status:
Reversed
Ruling:
The Tenth Circuit Court of Appeals reversed the Tenth Circuit BAP and affirmed the Bankruptcy Court for the District of New Mexico after determining that Chuza Oil Co, lacked a cognizable interest...
Judge(s):
TYMKOVICH, BACHARACH, and PHILLIPS
Tag(s):

PRN REAL ESTATE & INVESTMENTS, LTD v. William Cole

Citation:
22-11118 (11th Circuit, Nov 02,2023) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Eleventh Circuit affirmed rulings that debtor's conduct did not amount to concealment of estate property or constitute false oaths necessary to bar discharge under section 727. The Eleventh...
Judge(s):
Jill Pryor and Grant, Circuit Judges and Maze, District Judge
Tag(s):

DuVall v. County of Ontario

Citation:
21-2917-bk (2nd Circuit, Sep 29,2023) Published
Case Status:
Affirmed
Ruling:
When determining whether a transfer left an entity insolvent, courts must accept the facts as they are and not as they hypothetically may be. Thus, when a debtor declared property as exempt under...
Judge(s):
CALABRESI, LOHIER, and KAHN, Circuit Judges
Tag(s):

In re TransCare Corporation

  • Summarized by Theresa Driscoll , Moritt Hock & Hamroff LLP
  • 2 years 6 months ago
Citation:
21-2547, 21-2576 (2nd Circuit, Aug 28,2023) Published
Case Status:
Affirmed
Ruling:
The Second Circuit held that in determining damages under section 548 the "value of the property" avoided is going concern value and not liquidation value.
Judge(s):
Circuit Judges Nathan, Menashi and Merriam with Judge Menashi dissenting
Tag(s):

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