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...
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...
Sixth Circuit Bankruptcy Appellate Panel (BAP) dismissed a Debtor's appeal of a bankruptcy court order which granted the Chapter 7 Trustee's motion to sell real estate owned by a single member...
Judge(s):
Harrison, Price Smith and Wise, Bankruptcy Appellate Panel Judges
Neither the presumption against extraterritoriality nor international comity principles bar the trustee of a domestic debtor from recovering property that the debtor transferred to a foreign entity...
BAP for 10th Circuit affirmed ruling of bankruptcy court (D. Colo.) granting defendants' motion for summary judgment based on determination that transfer occurred outside of preference period....
In reversing the decision of the bankruptcy court and concluding that new value need not remain unpaid, the Eleventh Circuit held that the statement in Jet Florida System indicating that new value...
The Third Circuit Court of Appeals affirmed the bankruptcy court’s decision on remand, finding that: (i) the payments that Eclipse, the debtor-appellee, made to Prudential, the...
Judge(s):
Jordan and Roth, Circuit Judges; and Mariani, District Judge
The Seventh Circuit affirmed the rulings below to hold $1.9 million paid by the debtor pre-petition unavoidable under Code § 547(c)(4). The Court found that the Bankruptcy Court reasonably used a...
Affirming the district court (N.D. Iowa), (1) deposits that were applied against "true overdrafts," as determined under Iowa law, were avoidable as preferences; whereas deposits that were applied...
The Second Circuit held that a claim against a law firm for settlement proceeds received by the law firm on behalf of the client was a general unsecured claim where the law firm dissipated the...
Judge(s):
Dennis Jacobs, Robert D. Sack, and Paul A. Engelmayer (District Judge)
