Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
10 years 2 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In a decision not for publication, the BAP reversed the bankruptcy court's order granting Defendant Santa Rosa Mall, LLC's motion for summary judgment on the Trustee's preference claim based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...
Summarized by Hale Lake , Hinshaw & Culbertson, LLP
10 years 2 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In a decision not for publication, the BAP reversed the Bankruptcy Court’s order granting summary judgment to the defendant on the Trustee’s single claim under 11 U.S.C. § 547 seeking to...
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...
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...
Barney v. Bank of America (In re Gifford), Case No. 14-4001 (10th Cir. BAP July 24, 2015) (unpublished)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...
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...
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...
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.
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...
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...
