The Second Circuit held that in determining damages under section 548 the "value of the property" avoided is going concern value and not liquidation value.
Judge(s):
Circuit Judges Nathan, Menashi and Merriam with Judge Menashi dissenting
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...
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...
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...
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,...
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 ...
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...
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...
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.
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
