POSHOW ANN KIRKLAND, ET AL V. JASO

• Summarized by Solymar Castillo-Morales , Goldman Antonetti & Cordova
• 4 months 2 weeks ago

Citation:

No. 22-55944 (9th Circuit, Aug 23,2024) Published

Case Status:

Affirmed

Ruling:

The Circuit Court affirmed the district court’s order affirming a judgment of the bankruptcy court, and remanded for further proceedings, in a fraudulent transfer action in which a jury...

Judge(s):

Richard R. Clifton, Gabriel P. Sanchez, and Edward R. Korman,

Tag(s):

• 9th Circuit
• Bankruptcy Litigation
• Claims
• Fraud
• Fraudulent Transfers
• Preferences
• Commercial Fraud
• 11 USC 544(B)
• 548

Rechnitz v. Schmidt

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 4 months 3 weeks ago

Citation:

23-20386 (5th Circuit, Aug 14,2024) Published

Case Status:

Affirmed

Ruling:

In this direct appeal, the U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the ruling of the U.S. Bankruptcy Court for the Southern District of Texas (BC) that the trustee for two...

Judge(s):

Kyle S. Duncan; Jennifer W. Elrod; and Irma C. Ramirez

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Claims
• Corporate Governance
• Fraud
• Fraudulent Transfers
• Practice and Procedure
• Preferences
• Valuation
• Venue/Jurisdiction
• Business Reorganization
• Commercial Fraud
• Lender Liability
• 11 U.S.C. § 548(a)(1)(A); 11 U.S.C. § 550(a)(2); 11 U.S.C. § 550(b)(1)

Sheldon Stone v. Citizens Equity First Credit Union

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 7 months 6 days ago

Citation:

No. 23-2965 (7th Circuit, Jun 03,2024) Not Published

Case Status:

Affirmed

Ruling:

Finding that the text of Illinois’ version of the Uniform Fraudulent Transfer Act set up multiple ways in which a business can be insolvent for purposes of fraudulent transfer liability, the...

Judge(s):

EASTERBROOK, JACKSON-AKIWUMI and LEE

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Fraudulent Transfers
• Practice and Procedure
• Preferences

GMAG v. Janvey

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 9 months 2 weeks ago

Citation:

22-10429 & 22-10235 (5th Circuit, Mar 20,2024) Published

Case Status:

Affirmed

Ruling:

In this non-bankruptcy opinion, the U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the decision of the U.S. District Court for the Northern District of Texas (DC) not to award a...

Judge(s):

Leslie H. Southwick; James L. Dennis; and Carl E. Stewart

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraud
• Fraudulent Transfers
• Practice and Procedure
• Preferences
• Valuation
• Professional Practice Areas
• Commercial Fraud
• Finance and Banking
• Investment Banking
• Lender Liability

In re: PRIME METALS U.S.A., INC.,

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 1 year 3 weeks ago

Citation:

CC-22-1222-CFL (9th Circuit, Dec 13,2023) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the grant of summary judgment to Hyundai Steel Company (Hyundai) by the U.S. Bankruptcy Court for the Central District of...

Judge(s):

Frederick P. Corbit; Robert J. Faris; and William J. Lafferty III

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraud
• Fraudulent Transfers
• Practice and Procedure
• Preferences
• Venue/Jurisdiction
• Professional Practice Areas
• Commercial Fraud
• Finance and Banking
• Small Business
• Unsecured Trade Creditors
• 11 U.S.C. § 542; 11 U.S.C. § 544(b)(1); 11 U.S.C. § 548(a)(1); 11 U.S.C. § 550; 11 U.S.C. § 551

In re: CHUZA OIL COMPANY

• Summarized by Jaden Banks , Nyemaster Goode P.C.
• 1 year 3 weeks ago

Citation:

No. 22-2073, BAP No. 21-029-NM (10th Circuit, Dec 12,2023) Published

Case Status:

Reversed

Ruling:

The Tenth Circuit Court of Appeals reversed the Tenth Circuit BAP and affirmed the Bankruptcy Court for the District of New Mexico after determining that Chuza Oil Co, lacked a cognizable interest...

Judge(s):

TYMKOVICH, BACHARACH, and PHILLIPS

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Fraud
• Fraudulent Transfers
• Preferences
• Professional Practice Areas
• Business Reorganization
• 11 U.S.C. § 548(a)(1)(A) and (B)
• 11 U.S.C. § 547(b)

In re: Décor Holdings, Inc., et a

• Summarized by David Banker , Womble Bond Dickinson
• 1 year 1 month ago

Citation:

23-60-bk (2nd Circuit, Nov 22,2023) Published

Case Status:

Dismissed

Ruling:

United States Court of Appeals for the Second Circuit ruled that it did not have jurisdiction to rule on the Eastern District of New York Court's order vacating the Bankruptcy Court's entry of...

Judge(s):

WESLEY, CHIN, and BIANCO, Circuit Judges

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Preferences
• Venue/Jurisdiction
• Insurance
• International Insolvency
• Retail
• Unsecured Trade Creditors
• 9024

MANN V. LSQ FUNDING GROUP, L.C. (IN RE ENGSTROM, INC.)

• Summarized by Christopher Muniz , U.S. Bankruptcy Court, Southern District of Indiana
• 1 year 6 months ago

Citation:

22-2436 (7th Circuit, Jun 22,2023) Published

Case Status:

Affirmed

Ruling:

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,...

Judge(s):

Ripple, Scudder, and St. Eve (opinion author)

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraud
• Fraudulent Transfers
• Preferences
• 11 U.S.C. § 541(a)
• 11 U.S.C. § 547(b)
• 11 U.S.C. § 548(a)(1)

In re: Julie Marie Wood

• Summarized by Michael Holmes , Grant, Konvalinka & Harrison, PC
• 2 years 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):

• 6th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraudulent Transfers
• Practice and Procedure
• Preferences
• Consumer Debt
• Family/Divorce Issues

AURIGA POLYMERS INC v PMCM2 LLC

• Summarized by Kathleen DiSanto , Bush Ross, P.A.
• 2 years 5 months ago

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):

• 11th Circuit
• Bankruptcy Process and Procedure
• Preferences
• 11 U.S.C. § 547

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