Slobodian v. I.R.S

Citation:
No. 15-2833 (3d Cir. May 10, 2016)
Ruling:
Five alleged preferential transfers made by Net Pay (a payroll processor) to the IRS, on behalf of five different clients, were not avoidable under 11 U.S.C. § 547(b) of the Bankruptcy Code. Four...
Judge(s):
SMITH and HARDIMAN, Circuit Judges
Tag(s):

Wiscovitch-Rentas v. Villa Blanca VB Plaza LLC

Citation:
Wiscovitch-Rentas v. Villa Blanca VB Plaza LLC - BAP No. PR 15-022
Ruling:
Grant of summary judgment to defendant reversed, vacated to the extent that cross-motion for summary judgment was denied and amended cross-motion stricken, and matter remanded for further...
Judge(s):
Feeney (author), Deasey and Cary.
Tag(s):

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In a decision not for publication, the BAP reversed the bankruptcy court's order granting Defendant Santa Rosa Mall, LLC's motion for summary judgment on the Trustee's preference claim based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In a decision not for publication, the BAP reversed the Bankruptcy Court’s order granting summary judgment to the defendant on the Trustee’s single claim under 11 U.S.C. § 547 seeking to...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):

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