Wiscovitch-Rentas v. Santa Rosa Mall, LLC (In re PMC Mktg. Corp.)

Citation:
Wiscovitch-Rentas v. Santa Rosa Mall, LLC (In re PMC Mktg. Corp.), BAP No. PR 15-024, slip op. (B.A.P. 1st Cir. Jan. 19, 2016).
Ruling:
In a decision not for publication, the BAP reversed the bankruptcy court's order granting Defendant Santa Rosa Mall, LLC's motion for summary judgment on the Trustee's preference claim based upon...
Judge(s):
Feeney, Deasy, Cary
Tag(s):

Wiscovitch-Rentas v. Sur CSM Plaza, Inc. (In re PMC Marketing Corp.)

Citation:
Wiscovitch-Rentas v. Sur CSM Plaza, Inc., (In re PMC Marketing Corp.), BAP No. PR15-023, --- B.R. --- (1st Cir. BAP Jan. 19, 2016)
Ruling:
In a decision not for publication, the BAP reversed the Bankruptcy Court’s order granting summary judgment to the defendant on the Trustee’s single claim under 11 U.S.C. § 547 seeking to...
Judge(s):
Feeney, Deasy, Cary
Tag(s):

Gladstone v. Schaefer (In re UC Lofts on 4th, LLC)

Citation:
Gladstone, et al. v. Schaefer, et al. (In re UC Lofts on 4th, LLC, et al.), BAP No. SC-14-1287-JuKlPa & SC-14-1320-JuKlPa (BAP 9th Cir. Sept. 4, 2015)
Ruling:
In a 49 page opinion addressing ten issues related to fraudulent transfer, preference, and equitable subordination claims in a consolidated appeal, the BAP for the 9th Circuit affirmed the ruling...
Judge(s):
Jury, Klein, Pappas
Tag(s):

Jubber v. SMC Electrical Products, Inc. (In re C.W. Mining Co.)

Citation:
Jubber v. SMC Elec. Products, Inc. (In re C.W. Mining Co.), Case No. 13-4175 (10th Cir. August 10, 2015). Published.
Ruling:
The 10th Circuit permits first time transactions between a debtor and creditor to come with the ordinary course exception of section 547(c)(2) so long as the first time debt is ordinary in relation...
Judge(s):
Kelly, Lucero, Hartz (Hartz)
Tag(s):

Barney v. Bank of America (In re Gifford)

Citation:
Barney v. Bank of America (In re Gifford), Case No. 14-4001 (10th Cir. BAP July 24, 2015) (unpublished)
Ruling:
Constructive notice of the existence of a lien precludes a trustee’s avoidance of a perfected lien using section 544(a)’s strong arm powers and a debtor who grants a mortgage on her property...
Judge(s):
Cornish, Karlin, Jacobvitz (Karlin)
Tag(s):

Strauss v. Cole

Citation:
Strauss v. Cole, No. 14-3302 (8th Cir. July 6, 2015)
Ruling:
Eighth Circuit affirmed district court ((W.D. Miss. - Jefferson City) and concluded there was no basis for reversal on defendants' appeal of grant of summary judgment in favor of trustee plaintiff...
Judge(s):
Smith, Bowman, Colloton
Tag(s):

Stahl v. Simon (In re Adamson Apparel, Inc.)

Citation:
No. 12-57059 / D.C. No. 2:11-cv-01204-VAP
Ruling:
In a 2-1 decision (with a dissenting opinion), the Ninth Circuit affirmed the California District Court’s order affirming the Bankruptcy Court’s judgment in favor of and absolving the...
Judge(s):
GILMAN, GRABER and CALLAHAN, Circuit Judges
Tag(s):

McCracken v. Arnot (In re Pacific Cargo Services, LLC)

Citation:
McCracken, et al. v. Arnot (In re Pacific Cargo Services, LLC), BAP No. )R-14-10136-KiKuJu (BAP 9th Cir. Feb. 19, 2015)
Ruling:
The 9th Circuit BAP affirmed judgment of the bankruptcy court (D. Or.) avoiding transfer as a preference. The judgment avoided debtor's prepetition transfer of legal malpractice claims to...
Judge(s):
Kirscher, Kurtz, and Jury
Tag(s):

Hill v. Jankowski (In re Dey)

Citation:
Hill v. Jankowski (In re Dey), BAP No. CO-14-026 (BAP 10th Cir. Feb. 17, 2015)
Ruling:
The 10th Circuit BAP (Judges Thurman and Jacobvitz, with Judge Cornish dissenting) reversed the bankruptcy court, concluding that perjury is insufficient grounds to vacate a defense verdict on a...
Judge(s):
Thurman, Cornish, Jacobvitz
Tag(s):

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