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In re: Julie Marie Wood

  • Summarized by Michael Holmes , Grant, Konvalinka & Harrison, PC
  • 5 months 2 weeks 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):

AURIGA POLYMERS INC v PMCM2 LLC

Citation:
20-14647 (11th Circuit, Jul 18,2022) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
In a case of first impression, the Eleventh Circuit held that a creditor's new value defense available under section 547(c)(4)(B) of the Bankruptcy Code is not offset by "otherwise unavoidable...
Judge(s):
Wilson and Lagoa, Circuit Judges and Martinez, District Judge
Tag(s):

Miranda v Banco Popular de Puerto Rico

Citation:
20-9006 (1st Circuit, Aug 06,2021) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the First Circuit (Circuit) affirmed the decision of the Bankruptcy Appellate Panel for the First Circuit (BAP), which itself affirmed the entry of summary judgment by...
Judge(s):
Jeffrey R. Howard; Sandra L. Lynch; and William J. Kayatta Jr.
Tag(s):

Candise Hooker v. Wanigas Credit Union

  • Summarized by Sarah Tomlinson , U.S. Bankruptcy Court for the Eastern District of Missouri
  • 2 years 4 months ago
Citation:
Case No. 20-2252 (6th Circuit, Jan 26,2021) Not Published
Case Status:
Affirmed
Ruling:
The Court of Appeals for the Sixth Circuit affirmed the bankruptcy court's decision to deny the Creditor's motion for summary judgment, because the Creditor failed to show that the transfer to the...
Judge(s):
The Hons. Clay, Gibbons, and Nalbandian
Tag(s):

Craig Jalbert v. Wessel G m b H

Citation:
19-31009 (5th Circuit, Dec 04,2020) Not Published
Case Status:
Affirmed
Ruling:
The United States Court of Appeals for the Fifth Circuit (Circuit) affirmed the denial by the United States Bankruptcy Court for the Western District of Louisiana (BC), previously affirmed by the...
Judge(s):
Patrick E. Higginbotham; Jennifer W. Elrod; and Catharina Haynes
Tag(s):

In re Paul Morabito

  • Summarized by Sarah Tomlinson , U.S. Bankruptcy Court for the Eastern District of Missouri
  • 2 years 8 months ago
Citation:
United States Bankruptcy Appellate Panel Case No. NV-20-2367-GTaB (9th Circuit, Sep 29,2020) Not Published
Case Status:
Affirmed
Ruling:
The bankruptcy court decision to grant summary judgment was affirmed in full. The BAP also found that the decision to apply issue preclusion was appropriate under Nevada law, because the Trustee...
Judge(s):
The Hons. Gan, Taylor, and Brand
Tag(s):

In re Wagenknecht and Colbert

  • Summarized by Lars Fuller , BakerHostetler
  • 2 years 9 months ago
Citation:
19-1206 (10th Circuit, Aug 24,2020) Published
Case Status:
Reversed
Ruling:
Tenth Cir. reversed ruling of BAP, which had affirmed bankruptcy court (D. Colo.). Bankruptcy court entered summary judgment in favor of chapter 7 trustee on preference suit to avoid transfer of...
Judge(s):
Briscoe, Ebel, Lucero
Tag(s):

In re Edwin Earl Elliott

  • Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
  • 2 years 9 months ago
Citation:
Ninth Circuit Court of Appeals Case No. 18-17421 (9th Circuit, Aug 12,2020) Published
Case Status:
Affirmed
Ruling:
The Court provided that a Debtor must establish five conditions to shield a Debtor's property under 11 U.S.C. Sec. 522(h). The perfected lien on the Debtor's IRA funds was not voidable under 11...
Judge(s):
Honorable Richard A. Paez and Carlos T. Bea, Circuit Judges, and Lynn s. Adelman, District Judge
Tag(s):

In re Fansteel Foundry Corporation

  • Summarized by Bradley Pearce , Pearce Law PLLC
  • 2 years 10 months ago
Citation:
20-6005 (8th Circuit, Aug 07,2020) Published
Case Status:
Reversed and Remanded
Ruling:
The bankruptcy court's decision that a debtor's payments to a vendor were not protected by the ordinary course of business defense (11 U.S.C. § 547(c)(2)) cannot be effectively reviewed on appeal...
Judge(s):
SALADINO, Chief Judge, SCHERMER and SANBERG, Bankruptcy Judges
Tag(s):

Richard Lauter v. Wells Fargo Bank

  • Summarized by Lars Fuller , BakerHostetler
  • 3 years 2 months ago
Citation:
19-6013 (8th Circuit, Mar 19,2020) Published
Case Status:
Affirmed
Ruling:
BAP for 8th Cir. affirmed judgment of bankruptcy court (WD Missouri - KC) applying 11 USC 547(c)(1) new value defense to preference suit claim. Senior creditor's release of liens for less than full...
Judge(s):
Saladino, Schermer, Shodeen
Tag(s):

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