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Home » Bankruptcy Process and Procedure » Fraudulent Transfers

U.S. v. Turner

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 13 years 10 months ago
Citation:
D.C. Docket No. 1:10-cr-00171-CG-N-1; 11-10993
Ruling:
The 11th Circuit Court of Appeals VACATED the conviction of one count of making false entries in a bankruptcy filing in violation of 18 U.S.C. 1519. The Court of Appeals held that because the...
Judge(s):
CARNES, MARTIN & JORDAN
Tag(s):

Senior Transeastern Lenders v. Official Committee of Unsecured Creditors (In re Tousa, Inc.)

  • Summarized by B. Chandler , Louisiana State University Paul M. Hebert Law Center
  • 13 years 10 months ago
Citation:
Case No. 11-11071 (11th Cir. May 15, 2012)
Ruling:
The Eleventh Circuit REVERSED the order of the district court, AFFIRMED the liability findings of the bankruptcy court, and REMANDED to the district court for further proceedings consistent with...
Judge(s):
TJOFLAT, PRYOR and FAY, Circuit Judges.
Tag(s):

LaRosa v. LaRosa

Citation:
LaRosa v. LaRosa, No. 11-1306 (4th. Cir. April 30, 2012).
Ruling:
On appeal and cross-appeal from the judgment of the United States District Court for the Northern District of West Virginia, the Fourth Circuit considered whether the plaintiff's West Virginia...
Judge(s):
Neimeyer, J., Gregory, J., Floyd, J.
Tag(s):

Akanthos Capital Management, LLC v. CompuCredit Holdings Corp.

Citation:
Case No. 11-13227 (11th Cir. April 25, 2012)
Ruling:
The Eleventh Circuit determined that a standard “no-action clause” in a trust indenture prevents noteholders who are not within a stated exception to the clause from asserting fraudulent...
Judge(s):
Wilson and Martion, Circuit Judges, and Albritton, District Judge
Tag(s):

Wadsworth v. The Word of Life Christian Center (In re McGough)

  • Summarized by Andrew Johnson , Onsager | Fletcher | Johnson | Palmer LLC
  • 13 years 11 months ago
Citation:
Tenth Circuit Bankruptcy Appellate Panel (the "10th Cir. BAP"), Case No. 11-038
Ruling:
The "safe harbor" for charitable contributions in 11 U.S.C. 548(a)(2)(A) protects transfers up to an aggregate amount equal to 15% of a debtor's annual gross income. As a result, for a...
Judge(s):
Michael, Thurman and Karlin
Tag(s):

Hoskins v. Citigroup, Inc. (In re Viola)

  • Summarized by Isaac Rothschild , Mesch Clark Rothschild
  • 13 years 11 months ago
Citation:
BAP No. NC-11-1173-DoDH
Ruling:
A) The Defendants are not transferees under §550(e) for the purposes of imposing fraudulent transfer liability under the Ninth Circuit’s dominion test because the Defendants never had legal...
Judge(s):
Bankruptcy Judges Donovan (sitting by designation), Dunn, and Hollowell (concurring opinion)
Tag(s):

Cipolla v. Roberts (In re Cipolla)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 13 years 11 months ago
Citation:
Cipolla v. Roberts (In re Cipolla)
Ruling:
A debtor’s status as an attorney, without more, could not give rise to a presumption that the debtor had knowledge of homestead exemption laws or other bankruptcy rules and requirements. Because...
Judge(s):
King, Wiener and Haynes; Per Curiam opinion (Pursuant to 5th Cir. R. 47.5, the court has determined that the opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4).
Tag(s):

Kekauoha-Alisa v. Ameriquest Mortgage Co. (In re Kekauoha-Alisa)

  • Summarized by Dean Rallis , Hahn & Hahn, LLP
  • 13 years 11 months ago
Citation:
No. 09-60019/BAP No. HI-08-1166-JuPaD (for publication)
Ruling:
The Ninth Circuit held that the lender's failure to publicly announce the postponement of a non-judicial foreclosure sale violated Hawaii’s non-judicial foreclosure statute and constituted a...
Judge(s):
GOODWIN, TROTT AND MURGUIA, Circuit Judges
Tag(s):

The American Cancer Society v. Cook

  • Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
  • 13 years 11 months ago
Citation:
Fifth Circuit Court of Appeals, Docket no. 10-10989
Ruling:
"Not all securities frauds are Ponzi Schemes." Receiver moved for turnover against charity that received $240,000 from companies prior to receivership, primarily arguing under the Texas Uniform...
Judge(s):
Before JONES, Chief Judge, and HIGGINBOTHAM and SOUTHWICK, Circuit Judges.
Tag(s):

MC Asset Recovery LLC v. Commerzbank A.G., et. al (In re Mirant Corp.)

  • Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
  • 13 years 11 months ago
Citation:
Case No. 11-10070 (5th Cir. March 20, 2012).
Ruling:
Plaintiff had standing to avoid the debtor’s guaranty obligations pursuant to 11 U.S.C. § 544(b) and the laws of the State of New York. The decision was driven by the Fifth Circuit’s...
Judge(s):
Benavides and Prado, Circuit Judges, and Alvarez, District Judge, sitting by designation.
Tag(s):

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