Rajala v. Gardner

Citation:
Rajala v. Garnder, et al., Case No. 14-3241 (10th Cir. August 31, 2016). Unpublished
Ruling:
The scope of § 541 is broad and should be generously construed, and that an interest may be property of the estate even if it is novel or contingent and every conceivable interest of the debtor,...
Judge(s):
Gorsuch, Ebel, Bacharach
Tag(s):

Bash v. Textron Financial Corp., (In re Fair Finance Co.)

Citation:
2016 WL 4437606 (6th Cir. 2016)
Ruling:
District Court erred in dismissing Trustee's Complaint to recover alleged fraudulent transfers and civil conspiracy charges. Case remanded for further proceedings.
Judge(s):
Moore, Gibbons and Davis (Senior Circuit Judge from Fourth Circuit Court of Appeals)
Tag(s):

Uecker v. Bennett (In re Mortgage Fund '08 LLC)

Citation:
Uecker v. Bennett (In re Mortgage Fund '08 LLC), Case No. NC-15-1408-JuKiTa (9th Cir. BAP Aug. 15, 2016) (unpublished)
Ruling:
Bankruptcy court's decision that settlement agreement covered liquidating trustee's fraudulent transfer claim against appellee affirmed because no genuine issue of material fact existed as to the...
Judge(s):
Jury, Kirscher, Taylor
Tag(s):

United Surety & Indemnity Co. v. Lopez-Munoz

Citation:
United Surety & Indemnity Co. v. Lopez-Munoz, ___ B.R. ___ (B.A.P. 1st Cir. 2016)
Ruling:
The Bankruptcy Appellate Panel for the First Circuit affirms the bankruptcy court's determination to deny the request for appointment of a chapter 11 trustee.
Judge(s):
Bailey, Finkle and Fagone
Tag(s):

Zeddun v. Griswold (In re Wierzbicki)

Citation:
Zeddun v. Griswold (In re Wierzbicki), Case No. 16-1334 (7th Cir. July 27, 2016).
Ruling:
Promising not to pursue essentially meritless litigation is not reasonably equivalent value when exchanged for an interest in a farm valued at $151,000.00 and the benefit of avoiding further family...
Judge(s):
Wood, Rovner, Hamilton (Per Curium)
Tag(s):

FTI Consulting, Inc. v. Merit Management Group, LP

Citation:
FTI Consulting, Inc. v. Merit Mgmt. Group, LP), Case No. 15-3388 (7th Cir. July 28, 2016).
Ruling:
The safe harbor provision of 11 U.S.C. § 546(e) does not shield a transfer of funds through a financial institution acting only as a conduit between the debtor and the transferee, neither of which...
Judge(s):
Wood, Posner, Rovner (Wood)
Tag(s):

Freif & Co. v. Shapiro, et al. (In re Western Funding Inc.)

Citation:
-- F.3d -- (9th BAP 2016)
Ruling:
The Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order approving the Chapter 11 Liquidating Trustee's ("Trustee") proposed settlement related to pre-petition transfers. The...
Judge(s):
Honorable DUNN, FARIS and BARASH.
Tag(s):

Sheehan v. Saoud, et al.

Citation:
Sheehan v. Saoud (4th Cir., 2016) (Unpublished Opinion dated 5/24/2016 No. 15-1338)
Ruling:
Unpublished Opinion AFFIRMING the ruling of the United States District Court for the Northern District of West Virginia (1:11-cv-00163-IMK-JSK) of 01/28/15. See 526 B.R. 166 (2015).
Judge(s):
Circuit Judges J. Harvie Wilkenson, III and Paul V. Niemeyer, and United States District Judge or the District of South Carolina David C. Norton, sitting by designation. Judge Norton wrote the opinion, in which Judge WIlkinson and Judge Niemeyer joined.
Tag(s):

Kirkland v. Rund (In the Matter of EPD Investment Company, LLC)

Citation:
-- F.3d -- (9th Cir. 2016)
Ruling:
The Ninth Circuit Court of Appeals affirmed the the bankruptcy court's ruling denying Defendants' motion to compel arbitration. In core proceedings, the bankruptcy court has discretion to decline...
Judge(s):
Honorable Barry G. Silverman and Susan P. Graber, Circuit Judges, and Jennifer A. Dorsey,* District Judge.
Tag(s):

Hooshim, et al. v. Wolkowitz (In re Kim)

Citation:
In re Kim, No. CC-15-1273-TaKuF (9th Cir. B.A.P. May 2, 2016). Not-for-publication memorandum.
Ruling:
A trustee may not avoid a lien as a fraudulent transfer after selling the property subject to (i.e., not free and clear of) the lien.
Judge(s):
Laura S. Taylor, Frank L. Kurtz, and Robert J. Farris, Bankruptcy Appellate Panel Judges.
Tag(s):

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