Home » Bankruptcy Process and Procedure » Fraudulent Transfers

Mark DeGiacomo v. Sacred Heart Univeristy (In re Palladino)

Citation:
17-1334 (1st Circuit, Nov 12,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Payments made by debtors to a university for a child's college education are per se constructively fraudulent transfers under section 548 when the payments were made when the parents were...
Judge(s):
Howard, Torruella, and Lynch
Tag(s):

In re Telexfree, Inc.

Citation:
18-2001 (1st Circuit, Oct 29,2019) Published
Case Status:
Affirmed
Ruling:
The Court of Appeals rejected the PIEC's challenge to the bankruptcy court's conclusion that their attempt to assert unjust enrichment claims is an attempt to exercise "control" over the Avoidance...
Judge(s):
Lynch, Selya and Barron
Tag(s):

Harold Jones v. The Brand Law Firm (In re: Alice Belmonte)

  • Summarized by Nascine Howell , Seyfarth Shaw LLP
  • 3 years 8 months ago
Citation:
No. 18-2098 (2nd Circuit, Jul 25,2019) Published
Case Status:
Affirmed
Ruling:
The Second Circuit Court of Appeals affirmed the bankruptcy court’s decision, finding that the trustee’s recovery of a portion of the proceeds from the debtor’s unauthorized post-petition...
Judge(s):
Calabresi, Lynch and Lohier, Circuit Judges
Tag(s):

Rodney Tow v. Organo Gold Intl, Inc., et al

  • Summarized by J. Newman , Newman & Newman
  • 3 years 8 months ago
Citation:
. 18-20394 (5th Circuit, Jul 11,2019) Not Published
Case Status:
Affirmed
Ruling:
A chapter 7 trustee was not deprived of standing to sue defendants for misappropriation of trade secrets, even though the trustee's court-approved sale agreement with a third-party buyer purported...
Judge(s):
HAYNES, GRAVES, and DUNCAN,
Tag(s):

Life Partners Creditors' Trust, et al v. James Sun

  • Summarized by J. Newman , Newman & Newman
  • 3 years 10 months ago
Citation:
No. 17-11477 (5th Circuit, May 31,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
AFFIRM the district court’s judgment of dismissal as to Counts 5, 8, 11, and 12. However, it REVERSED the dismissal of Counts 1–4, 6, 9, and 10 and REMAND
Judge(s):
ELROD, HIGGINSON, and ENGELHARDT, Circuit Judges
Tag(s):

Ralph Janvey v. GMAG, L.L.C.

  • Summarized by Samuel Henninger , Waller Lansden Dortch & Davis, LLP
  • 3 years 10 months ago
Citation:
No. 17-11526, 2019 WL 2240565 (5th Circuit, May 24,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Fifth Circuit certified question to Texas Supreme Court: whether UFTA good faith requires a transferee on inquiry notice to conduct an investigation or show such an investigation would have been...
Judge(s):
Stewart, Dennis, Willett
Tag(s):

In re Earl Blasingame

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 3 years 12 months ago
Citation:
18-5549/5623 (6th Circuit, Apr 03,2019) Published
Case Status:
Affirmed
Ruling:
In this consolidated appeal, the Court of Appeals affirmed the Bankruptcy Court decisions to dismiss two claims brought by a creditor derivatively on behalf of the Chapter 7 Trustee: a claim...
Judge(s):
Griffin, Kethledge and Thapar; Opinion by Thapar
Tag(s):

Singh v, Singh (In re Singh)

Citation:
BAP No. CC-17-1353-FLS (9th Circuit, Mar 14,2019) Not Published
Case Status:
Affirmed
Ruling:
For purposes of § 727(a)(2)(A), "property of the debtor" includes property held by the debtor's alter-ego. Thus, a debtor who used a corporation that conducted a Ponzi scheme in addition to...
Judge(s):
FARIS, LAFFERTY, and SPRAKER, Bankruptcy Judges
Tag(s):

In re Picard

  • Summarized by Samuel Henninger , Waller Lansden Dortch & Davis, LLP
  • 4 years 1 month ago
Citation:
No. 17-2992(L), 2019 WL 903978 (2nd Circuit, Feb 25,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Neither the presumption against extraterritoriality nor international comity principles bar the trustee of a domestic debtor from recovering property that the debtor transferred to a foreign entity...
Judge(s):
Jacobs, Pooler, Wesley
Tag(s):

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