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Storey Minerals v. EP Energy E&P

Summarizing by Craig Geno

Home » Bankruptcy Process and Procedure » Fraudulent Transfers

Southeast Waffles, LLC v. U.S. Department of Treasury (In re Southeast Waffles, LLC)

Citation:
No. 11-6522, 2012 U.S. App. LEXIS 24991 (6th Cir. Dec. 6, 2012)
Ruling:
The decision of the bankruptcy appellate panel was affirmed. The debtor cannot state a claim for avoidance of payments that necessarily resulted in a dollar-for-dollar reduction in tax penalties...
Judge(s):
Boggs, Clay, and Stafford
Tag(s):

Executive Benefits Insurance Agency v. Arkison (In re Bellingham Insurance Agency, Inc.)

  • Summarized by Amy Quackenboss , American Bankruptcy Institute
  • 13 years 3 months ago
Citation:
Case No. 11-35162 (9th Cir. December 4, 2012)
Ruling:
Ninth Circuit held that a bankruptcy judge lacks constitutional authority to enter a final judgment in a fraudulent conveyance action against a nonclaimant to the bankruptcy estate, but that the...
Judge(s):
Kozinski, Paez and Collins
Tag(s):

Janvey v. Democratic Senatorial Campaign Committee, Inc.

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 13 years 4 months ago
Citation:
No. 11-10704 (5th Cir. Mar. 18, 2013)
Ruling:
Withdrawing its prior opinion in Janvey v. Democratic Senatorial Campaign Comm., Inc., 699 F.3d 848 (5th Cir. 2012), the Fifth Circuit held that it had erroneously asserted that a Receiver had...
Judge(s):
Jolly, Benavides, and Dennis.
Tag(s):

Suhar v. Bruno (In re Neal)

  • Summarized by Robert Miller , University of South Dakota, Knudson School of Law
  • 13 years 5 months ago
Citation:
Suhar v. Bruno (In re Neal), Case No.11-8081 (B.A.P. 6th Cir. Sept. 28, 2012)
Ruling:
The Panel found that the Debtor's assumption of the marital credit card debt of the Debtor and the Defendant, as part of a separation agreement, should not impact whether the Debtor received...
Judge(s):
Judge Preston authored the opinion of the court and she was joined by Judge McIvor and Judge Emerson.
Tag(s):

Onkyo Europe Electronics GmbH v. Global Technovations Inc. (In re Global Technovations Inc.)

  • Summarized by Michael Coury , Glankler Brown, PLLC
  • 13 years 6 months ago
Citation:
--- F.3d ----, 2012 WL 4017386, C.A.6 (Mich.), September 13, 2012 (NO. 11-1582)
Ruling:
The Sixth Circuit upheld the bankruptcy court's judgment which found that the defendants had received a fraudlent transfer under 11 U.S.C. sec. 544(b) and Florida Uniform Fraudulent Transfer Act...
Judge(s):
Boggs, Norris and Kethledge.
Tag(s):

In re Sentinel Management Group, Inc.

  • Summarized by Paul Lucey , Leverson Lucey & Metz, S.C.
  • 13 years 7 months ago
Citation:
Frederick Grede v. Bank of New York Mellon, Case Nos. 10-3787, 10-3990 & 11-1123 (7th Cir. Aug. 9, 2012)
Ruling:
Order and judgment of the District Court are affirmed: Investment manager's illegal pledge of client funds to secure short-term loans supporting manager's trading activity for its own account and...
Judge(s):
Manion, Rovner and Tinder, Circuit Judges.
Tag(s):

Lightfoot v. MXEnergy Electric, Inc. (In re MBS Management Services, Inc.)

  • Summarized by Richard Corbi , Otterbourg P.C.
  • 13 years 7 months ago
Citation:
--- F.3d ----, 2012 WL 3125167, (NO. 11-30553) (Aug. 2, 2012 5th Cir.)
Ruling:
The Fifth Circuit Court of Appeals held that the Debtor's payments to the power company were settlement payments exempt from avoidable transfer pursuant to section 546(e) of the Bankruptcy Code. ...
Judge(s):
Jones, Owen, Higginson
Tag(s):

Reuter v. Cutcliff (In re Reuter)

  • Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
  • 13 years 8 months ago
Citation:
Case Nos. 10-6043 and 10-6069 (B.A.P. 8th Cir., Jan. 31, 2011)
Ruling:
AFFIRMING the bankruptcy court's orders (1) denying confirmation of the debtor's chapter 11 plan, (2) granting creditors' motion to convert case to chapter 7, and (3) entering judgment in favor of...
Judge(s):
Kressel, Saladino, and Nail.
Tag(s):

Stathopoulos v. Alford (In re McMillin)

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 13 years 8 months ago
Citation:
D.C. Docket Nos. 8:10-cv-01036-JSM; 8:05-bk-27381-KRM (No. 11-12353)
Ruling:
The 11th Circuit Court of Appeals REVERSED the district court order and reinstated the bankruptcy court judgment that a transfer was not avoidable because the debtor did not have control of the...
Judge(s):
DUBINA, EDMONDSON, & GOLDBERG
Tag(s):

Soule v. Willcut (In re Willcut)

  • Summarized by Aletheia Allen , New Mexico Court of Appeals
  • 13 years 9 months ago
Citation:
Soule v. Willcut (In re Willcut), BAP Case No. 11-023 (10th Cir. B.A.P. May 29, 2012)
Ruling:
AFFIRMING the bankruptcy court's order, the 10th Circuit Bankruptcy Appellate Panel held that the phrase "value of an interest in . . . real [ ] property" in Section 522 of the Bankruptcy Code is...
Judge(s):
Nugent, Karlin, and Romero, Bankruptcy Judges.
Tag(s):

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