The Court of Appeals affirmed that the debtor was the "de facto" owner of three bank accounts that funded the alleged fraudulent transfers and that the chapter 7 trustee met his burden in...
This case presented an issue of first impression in the Sixth Circuit about how reasonably equivalent value is calculated when the transfer is a payment of a tax obligation owed to the IRS. ...
The Court of Appeals affirmed the Bankruptcy Appellate Panel's ruling. See 8th Cir. R 47 B.
Specifically, the court refused to consider an argument from the trustee indicating the burden of proof...
For purposes of recovering fraudulent transfers (§ 548(a)), all transfers made in furtherance of a Ponzi scheme are presumed to have been made with fraudulent intent. Therefore, it is presumed...
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
14 years 4 months ago
Citation:
Case No. 11-6007 (8th Cir. Oct. 20, 2011)
Ruling:
The Court ruled that because there was no equity in the real property at issue on the petition date, judgment liens held by certain judgment holders, who ended up recovering on their judgment liens...
Banks v. Kondaur (In re Banks) Case No. 11-6025 - 8th Circuit (BAP October 2011)
Ruling:
Reverse and remand to bankruptcy court its previous summary judgment in favor of Defendant Kondaur Mortgage Corp. Specifically, in this case, because there was a material issue of fact regarding...
Judge(s):
Venters, Federman and Saladino - Bankruptcy Judges for the BAP.
Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
14 years 7 months ago
Citation:
No. 10-10617
Ruling:
1. The District Court acted within its power when it issued a preliminary injunction prior to deciding an outstanding motion to compel arbitration.
2. The District Court did not abuse its...
Summarized by Paul Hage , Taft, Stettinius & Hollister, LLP
14 years 8 months ago
Citation:
2011 WL 2646549 (6th Cir. BAP, July 7, 2011)
Ruling:
The Sixth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's findings of fact and conclusions of law holding that the trustee had not met her burden of proof with respect to...
Judge(s):
Fulton, Harris and Rhodes, Bankruptcy Appellate Panel Judges
