Miranda v Banco Popular de Puerto Rico

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 3 years 5 months ago

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):

• 1st Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraudulent Transfers
• Practice and Procedure
• Preferences
• Personal Bankruptcy Topics
• Mortgage
• Professional Practice Areas
• Finance and Banking
• Govt. Claims/Sovereign Immunity
• Public Companies and Claims Trading
• Puerto Rico
• Real Estate
• 11 U.S.C § 544(a)
• (a)(3); 11 U.S.C § 551

Candise Hooker v. Wanigas Credit Union

• Summarized by Sarah Tomlinson , Summers Compton Wells
• 3 years 11 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):

• 6th Circuit
• Bankruptcy Litigation
• Preferences
• Professional Compensation/Fees
• Consumer Bankruptcy
• 11 U.S.C. § 547(b)(1)

Craig Jalbert v. Wessel G m b H

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

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):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraud
• Fraudulent Transfers
• Practice and Procedure
• Preferences
• Valuation
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Commercial Fraud
• Finance and Banking
• International Insolvency
• Small Business
• 11 U.S.C. § 548(a)(1)(B); 11 U.S.C. § 544(b)

In re Paul Morabito

• Summarized by Sarah Tomlinson , Summers Compton Wells
• 4 years 3 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):

• 9th Circuit
• Bankruptcy Litigation
• Fraudulent Transfers
• Preferences
• Consumer Bankruptcy
• Consumer Debt

In re Wagenknecht and Colbert

• Summarized by Lars Fuller , BakerHostetler
• 4 years 4 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):

• 10th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Preferences
• Fed R Bankr P 7056
• 11 U.S.C. § 547

In re Edwin Earl Elliott

• Summarized by Joel Newell , Ballard Spahr, LLP
• 4 years 4 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):

• 9th Circuit
• Bankruptcy Litigation
• Preferences
• Consumer Bankruptcy
• Fed.R.Bankr.P. 7012
• 11 U.S.C § 522

In re Fansteel Foundry Corporation

• Summarized by Bradley Pearce , Pearce Law PLLC
• 4 years 5 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):

• 8th Circuit
• Bankruptcy Process and Procedure
• Preferences
• § 547(c)(2)

Richard Lauter v. Wells Fargo Bank

• Summarized by Lars Fuller , BakerHostetler
• 4 years 9 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):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Preferences
• Professional Practice Areas
• 11 U.S.C. § 547(b); 11 U.S.C. § 547(c)(2); 11 U.S.C. § 547(c)(4); 11 U.S.C. § 547(c)(4)(B)

In re Maggie Liu

• Summarized by David Shemano , ShemanoLaw
• 4 years 10 months ago

Citation:

BAP Nos. CC-19-1039-STaF and CC-19-1040-STaF (9th Circuit, Feb 11,2020) Published

Case Status:

Affirmed

Ruling:

Appeal of order denying motion to dismiss the debtor's chapter 7 case pursuant to section 109(g)(2) filed several months after the order was entered was was dismissed for lack of appellate...

Judge(s):

SPRAKER, TAYLOR, and FARIS

Tag(s):

• 9th Circuit
• Practice and Procedure
• Preferences
• Consumer Bankruptcy
• 11 U.S.C §§ 109(g)(2) and 547(b)

Hackler & Stelzle-Hackler v. Arianna Holdings Company, LLC (In re Hackler & Stelzle-Hacker)

• Summarized by Hale Lake , Hinshaw & Culbertson LLP
• 5 years 4 months ago

Citation:

18-1650 (3rd Circuit, Sep 12,2019) Published

Case Status:

Affirmed

Ruling:

Affirmed district court and bankruptcy court ruling voiding a transfer of real estate title conducted via the New Jersey tax foreclosure proceedings as preferential under 11 U.S.C 547(b). The Court...

Judge(s):

McKee, Porter and Roth

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Preferences
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 11 U.S.C. § 547

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