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

• Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
• 10 years 5 months ago

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In a decision not for publication, the BAP reversed the bankruptcy court's order granting Defendant Santa Rosa Mall, LLC's motion for summary judgment on the Trustee's preference claim based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):

• 1st Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Preferences

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

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

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In a decision not for publication, the BAP reversed the Bankruptcy Court’s order granting summary judgment to the defendant on the Trustee’s single claim under 11 U.S.C. § 547 seeking to...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):

• 1st Circuit
• Preferences

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

• Summarized by Lars Fuller , BakerHostetler
• 10 years 9 months ago

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):

• 9th Circuit
• Mortgage
• Bankruptcy Litigation
• Fraudulent Transfers
• Practice and Procedure
• Preferences
• Real Estate
• Valuation
• 550
• § 544
• § 547
• § 548

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

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 10 years 10 months ago

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):

• 10th Circuit
• Bankruptcy Litigation
• Preferences
• § 547

Barney v. Bank of America (In re Gifford)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 10 years 11 months ago

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):

• 10th Circuit
• Consumer Bankruptcy
• Mortgage
• Preferences
• 11 U.S.C § 544
• § 547

Strauss v. Cole

• Summarized by Lars Fuller , BakerHostetler
• 10 years 11 months ago

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):

• 8th Circuit
• Bankruptcy Litigation
• Fraud
• Fraudulent Transfers
• Preferences
• Rule 7056
• § 544
• § 547
• § 548

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

• Summarized by Dean Rallis , Hahn & Hahn LLP
• 11 years 1 month ago

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):

• 9th Circuit
• Preferences
• § 101
• § 547

Pierce v. Collection Associates, Inc. (In re Pierce)

• Summarized by Michael Cooley , Reed Smith LLP
• 11 years 3 months ago

Citation:

No. 14-1365 (8th Cir. B.A.P. Mar. 9, 2015).

Ruling:

Transfers sought to be avoided by the debtors as preferential totaled less than $600 in the aggregate, and were therefore subject to the § 547(c)(8) defense for consumer payments. Affirmed.

Judge(s):

Colloton, Bright, and Shepherd.

Tag(s):

• 8th Circuit
• Preferences
• § 547

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

• Summarized by Lars Fuller , BakerHostetler
• 11 years 4 months ago

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):

• 9th Circuit
• Claims
• Bankruptcy Litigation
• Preferences

Hill v. Jankowski (In re Dey)

• Summarized by Lars Fuller , BakerHostetler
• 11 years 4 months ago

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):

• 10th Circuit
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Family/Divorce Issues
• Bankruptcy Litigation
• Ethics
• Fraud
• Practice and Procedure
• Preferences
• § 547

Pages

• 1
• 2
• 3
• 4
• 5
• 6
• 7
• 8
• 9
• …
• previous
• next