Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
12 years 7 months ago
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...
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...
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...
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
12 years 9 months ago
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...
Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
12 years 9 months ago
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...
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...
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...
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...
5th Cir. Court of Appeal - Case No 1151073 (May 8, 2013)
Ruling:
AFFIRMED in part and reverse in part the district court's decision. Further, a remand with instruction to clarify whether an isolated claim in the earlier state-court action can proceed....
The bankruptcy court's order was affirmed. The appellants challenged the order based on nothing more than the bankruptcy court's findings concerning the debtor's solvency. According to the...
