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Home » Bankruptcy Process and Procedure » Fraudulent Transfers

Castaldi v. Schwartzer (In re: Welscorp, Inc.)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 2 years 7 months ago
Citation:
BAP No. NV-23-1031-BGC (9th Circuit, Jul 20,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit found a bankruptcy court properly granted summary judgment to a Chapter 7 Trustee who sought to avoid and recover actually fraudulent...
Judge(s):
BRAND, GAN, and CORBIT
Tag(s):

Tianjin Dinghui Hongjun Equity Inv. P'ship (L.P.) v. Pac. Links U.S. Holdings, Inc. (In re Pac. Links U.S. Holdings, Inc.)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 2 years 7 months ago
Citation:
BAP No. HI-22-1191-BCL (9th Circuit, Jul 18,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit held a bankruptcy court did not clearly err in finding a creditor received constructively fraudulent transfers from debtors related to their...
Judge(s):
BRAND, CORBIT, and LAFFERTY
Tag(s):

In re: Louis N. Delloso

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 2 years 8 months ago
Citation:
No. 22-2532 (3rd Circuit, Jul 10,2023) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Third Circuit affirmed a bankruptcy court's order denying a creditor's motion to reopen a chapter 7 case five years after closure. The deadlines for the creditor...
Judge(s):
KRAUSE, BIBAS and RENDELL
Tag(s):

MANN V. LSQ FUNDING GROUP, L.C. (IN RE ENGSTROM, INC.)

  • Summarized by Christopher Muniz , U.S. Bankruptcy Court, Southern District of Indiana
  • 2 years 8 months ago
Citation:
22-2436 (7th Circuit, Jun 22,2023) Published
Case Status:
Affirmed
Ruling:
The United States Court of Appeals for the Seventh Circuit (“7th Cir.”) affirmed the entry of summary judgment in favor of creditor LSQ Funding Group, L.C. (“LSQ”) and against Douglas Mann,...
Judge(s):
Ripple, Scudder, and St. Eve (opinion author)
Tag(s):

In re: ANNIE KIM LE

Citation:
22-1033 (9th Circuit, May 11,2023) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the Northern District of California (BC) denying a creditor's motion for ...
Judge(s):
Julia W. Brand; Scott H. Gan; and Robert J. Faris
Tag(s):

In re: MOMENTUM DEVELOPMENT, LLC,

Citation:
BAP No. CC221084 (9th Circuit, Mar 02,2023) Published
Case Status:
Affirmed
Ruling:
A bankruptcy trustee's action to avoid a transfer under 11 U.S.C. § 544(b) and Cal. Civ. Code § 3439.09 nearly seven years after the transfer occurred was timely because California law provides...
Judge(s):
CORBIT, FARIS, and LAFFERTY, Bankruptcy Judges
Tag(s):

In re: DEBBIE REID O'GORMAN

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 3 years 2 months ago
Citation:
BAP No. NC-22-1062-BFT (9th Circuit, Dec 21,2022) Not Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court's order granting summary judgment in favor of the chapter 7 trustee on the trustee's claims against the recipients of...
Judge(s):
Brand, Faris, and Taylor
Tag(s):

In re: Julie Marie Wood

  • Summarized by Michael Holmes , Grant, Konvalinka & Harrison, PC
  • 3 years 2 months ago
Citation:
No. 22-8003 (6th Circuit, Dec 13,2022) Published
Case Status:
Affirmed
Ruling:
Despite multiple "red herring arguments" Appellant's failure to meet the well-settled requirements for opposing a properly-supported summary judgment motion supported the bankruptcy court's finding.
Judge(s):
DALES, GUSTAFSON, and MASHBURN
Tag(s):

In the Matter of: Jon Amberson

Citation:
21-50960 (5th Circuit, Nov 18,2022) Published
Case Status:
Affirmed
Ruling:
While the judges divided over the preferred approach and proper reasoning, this panel of the U.S. Court of Appeals for the Fifth Circuit (Circuit) unanimously agreed that the underlying arbitration...
Judge(s):
Leslie H. Southwick; Edith H. Jones; and Andrew S. Oldham
Tag(s):

In re: SOUTHERN CALIFORNIA RESEARCH, LLC; DARRELL MAAG,

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 3 years 4 months ago
Citation:
BAP No. CC-22-1055-TSG (9th Circuit, Oct 18,2022) Not Published
Case Status:
Dismissed
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit dismissed an appeal of a bankruptcy court's order denying a creditor's motion to convert the debtors' chapter 11 cases to chapter 7 or,...
Judge(s):
TAYLOR, SPRAKER, and GAN
Tag(s):

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