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...
The Eleventh Circuit Court of Appeals AFFIRMED the District Court ruling that AFFIRMED the Bankruptcy Court's ruling that the issuance of dividends to a debtor's shareholder to offset tax liability...
Court of Appeals AFFIRMED the District Court and Bankruptcy Court, largely relying on its precedent in In re Jennings, 670 F.3d 1329 (11th Cir. 2012), held that, notwithstanding original basis of...
Summarized by James Webster , Law Office of James Portman Webster, PLLC
13 years 1 month ago
Citation:
11-56677 D.C. No. 2:10-cv-00647-AG
Ruling:
The Ninth Circuit VACATED the District Court's decision (which affirmed the Bankruptcy Court) and REMANDED to the District Court. Finding contrary to the District Court, the Ninth Circuit held...
Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
13 years 2 months ago
Citation:
11th Circuit Court of Appeals Case Number 12-15604 (will not be published)
Ruling:
Dividends paid to a shareholder prior to bankruptcy in accordance with a provision of a shareholders agreement were not constructively fraudulent transfers. The shareholders agreement provided...
Judge(s):
11th Circuit Court Judges Tjoflat, Marcus and Wilson
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
13 years 2 months ago
Citation:
9th Cir. BAP, April 11, 2013 (BAP No. CC-12-1513-KiPaTa) (unpublished)
Ruling:
Chapter 7 Trustee, who avoided fraudulent transfer of the Debtor's Residence, took property subject to judgment lien, even though at the time the abstract of judgment was recorded, the Debtor had...
Judge(s):
Kirscher, Pappas, and Taylor affirmed the judgment of Robert Kwan.
Reversal of the bankruptcy court's ruling in favor of the Chapter 7 trustee stating that (1) there was no transfer of funds under Section 549 or 550 to the debtor, (2) the trustee failed to show...
Reversing and remanding in part, the Bankruptcy Appellate Panel (“BAP”) for the Tenth Circuit held that, contrary pretrial order of the bankruptcy court (“BC”), a trustee was not required...
Judge(s):
Karlin, Somers, and Mosier (sitting by designation), bankruptcy judges.
Rajala v. Gardner, et al., No. 12-3113 (10th Cir. March 12, 2013)
Ruling:
The Tenth Circuit affirmed the U.S. District Court's (Kansas) order granting motions to distribute funds held in escrow to two non-debtor parties over the objection of the Chapter 7 trustee, who...
