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Adler v. Energy Debt Holdings

Summarizing by Danielle Scott

Robert G. Wing v. Bernard C. Buchanan, et al.

Citation:
U.S. Court of Appeals, 10th Circuit, Case No. 12-4123; Appeal from the U.S. District Court, District of Utah, Case No. 2:08-cv-00803
Ruling:
The 10th Circuit reversed the summary judgment order and remanded the case. At issue was the applicable statute of limitations. The limitations period under Utah's UFTA is four years from the...
Judge(s):
Briscoe, Chief Judge; Brorby, Senior Circuit Judge; and Murphy, Circuit Judge.
Tag(s):

Carrol v. Prosser (In re Jeffrey J. Prosser)

Citation:
Carrol v. Prosser (In re Jeffrey J. Prosser), Case No. 12-2864 (3d Cir. Aug. 1, 2013) (not precedential)
Ruling:
Affirmed judgment of the District Court. Appellant, a defendant in a fraudulent conveyance action before the District Court, moved to dismiss before the District Court prior to trial, which motion...
Judge(s):
McKee, , Chief Judge, Scirica and Vanaskie, Circuit Judges
Tag(s):

The White Family Companies, Inc. v. Slone (In re Dayton Title Agency, Inc.)

Citation:
2013 WL 3925820 (6th Cir. 2013)
Ruling:
Funds constituted property of the debtor at the time of transfer for purposes of avoiding a fraudulent transfer. Provisional credit by bank for check deposited by debtor to hold in trust for third...
Judge(s):
Batchelder, Merrit and Kethledge
Tag(s):

Hasse v. Rainsdon (In re Pringle)

Citation:
No. 09-41653 (B.A.P. 9th Cir. July 2, 2013)
Ruling:
Affirming the judgment of the bankruptcy court (“BC”), the Bankruptcy Appellate Panel of the Ninth Circuit (the “BAP”) held that a defendant impliedly consented to the BC’s entry of a...
Judge(s):
Markell, Dunn and Jury, bankruptcy judges.
Tag(s):

Goddard v. Heldt (In re A. Heldt)

Citation:
Goddard v. Heldt, Gill, & Gill (In re Heldt), Case No. 12-6027 (10th Cir. May, 14, 2013)
Ruling:
The 10th Cir. affirmed the U.S. District Court and U.S. Bankruptcy Court (W.D. Okla.) in dismissing Ch. 7 trustee's claim to avoid as fraudulent debtor's transfer of title to sister in mother's...
Judge(s):
Justices Lucero, Anderson, and Baldock.
Tag(s):

Eleiwa v. Whitmore (In re Eleiwa)

Citation:
Case No. 12-1559 (B.A.P. 9th Cir. June 5, 2013)
Ruling:
In AFFIRMING in part and VACATING and REMANDING in part the bankruptcy court's order sustaining of the chapter 7 trustee's objection to the debtor's claimed homestead exemption in two real...
Judge(s):
Clement, Dunn, and Kirscher
Tag(s):

Wren Alexander Investments, L.L.C. v. IRS (In re Wren Alexander Investments, L.L.C.)

Citation:
Wren Alexander Investments, L.L.C. v. Internal Revenue Service (In re: Wren Alexander Investments, L.L.C.), Case No. 12-50376 (5th Cir. June 4, 2013)
Ruling:
Affirmed lower courts' allowance of the IRS' claim against the debtor based upon a pre-petition lien on real property that the debtor aquired on the eve of bankruptcy from a delinquent third-party...
Judge(s):
GARZA, SOUTHWICK and HAYNES. PER CURIAM.
Tag(s):

Ereren v. Marshack (In re Ereren)

Citation:
Ereren v. Marshack (In re Ereren), Case No. CC-12-1542-TaDKi (9th Cir. B.A.P. May 28, 2013)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals (the “Panel”) affirmed the holding of the United States Bankruptcy Court for the Central District of California (the...
Judge(s):
Taylor, Dunn, and Kirscher, Bankruptcy Judges.
Tag(s):

Grayson Consulting, Inc. v. Wachovia Securities, LLC (In re Derivium Capital LLC)

Citation:
Grayson Consulting, Inc. v. Wachovia Securities, LLC (In re Derivium Capital LLC), No. 12-1518, --- F.3d --- (4th Cir. May 24, 2013)
Ruling:
The Fourth Circuit affirmed the district court, first holding that the $161 million in stocks that customers transferred into the Wachovia brokerage accounts before Derivium's stock loan...
Judge(s):
King, Wynn, and Diaz, Circuit Judges
Tag(s):

Goddard v. Heldt (In re Heldt)

Citation:
No. 12-6027 (10th Cir. May 14, 2013)
Ruling:
Affirming the judgment of the bankruptcy court (“BC”), the Tenth Circuit held that a trustee was disqualified from exercising the powers of a hypothetical bona fide purchaser (“BFP”) under...
Judge(s):
Lucero, Anderson, and Baldock, Circuit Judges.
Tag(s):

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