The Fifth Circuit affirmed dismissal of the constructive fraud claims related to the settlement releases because the Delaware judgment established that reasonably equivalent value was given in...
In a 2-1 opinion, the Court holds that the Texas Uniform Fraudulent Transfer Act (TUFTA) allows a junior lienholder to avoid a pre-petition foreclosure sale as a fraudulent transfer where (1) the...
Years after Douglas Kelley (TR), liquidating trustee for Petters Company, Inc.,, secured a default judgment against Capital Strategies Fund, Ltd. (CS), a recipient of funds from the “infamous”...
Judge(s):
Amy J. St. Eve; Michael B. Brennan; and Michael Y. Scudder
Revocation of Trust (whether voluntary or involuntary) constitutes fraudulent transfer as to creditors of Trust as revocation removes assets from reach of creditors of Trust.
Judge(s):
Thapar, and Sutton (Majority); Batchelder (Dissenting)
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the judgement of the U.S. Bankruptcy Court for the Southern District of California (BC), and related rulings regarding the...
Judge(s):
Gary A. Spraker; Robert J. Faris; and Julia W. Brand
A second review appeal and cross-appeal from the decisions of the U.S. Bankruptcy and District Courts for the Southern District of Mississippi (BC and DC) in which each party raised four issues,...
Judge(s):
Stephen A. Higginson; James L. Dennis; and Gregg J. Costa
The Ninth Circuit Bankruptcy Appellate Panel (BAP) affirmed the bankruptcy court's sanctions award against an attorney for the chapter 7 debtor company and its non-debtor principal based on the...
In another appeal arising out of the Ponzi schemes of Thomas Peters (TP), the U.S. Court of Appeals for the Eighth Circuit partly diverged from the U.S. District Court for the District of...
Judge(s):
Bobby E. Shepherd; Steven M. Colloton; and Jane L. Kelly
The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) upheld as proper the dismissal by the U.S. Bankruptcy Court for the Northern District of California (BC) of claims, as set forth in...
Judge(s):
Laura S. Taylor; Robert J. Faris; and Scott H. Gan
The bankruptcy court did not err in finding that Lawrence intended to defraud Frost by perpetuating a fraudulent conveyance scheme and that Lawrence committed actual fraud actionable under §...
Judge(s):
Owen, Chief Judge, and Jones and Wilson, Circuit Judges
