Now Updating
In re Edwin Earl Elliott

Summarizing by Bradley Pearce

In re Donald and Jane Nichols

Summarizing by Lars Fuller

Official Committee of Unsecured Creditors of Quebecor World (USA) Inc. v. American United Life Insurance Co. (In re Quebecor World (USA) Inc.)

Citation:
Docket No. 12-4270-bk (2d Cir. June 10, 2013)
Ruling:
AFFIRMING the District Court, the Second Circuit Court of Appeals held that certain payments made by a debtor subsidiary to noteholders in exchange for private placement notes issued by a debtor...
Judge(s):
Circuit Judges Chin and Lohier; District Judge Swain (sitting by designation)
Tag(s):

Ereren v. Marshack (In re Ereren)

Citation:
Ereren v. Marshack (In re Ereren), Case No. CC-12-1542-TaDKi (9th Cir. B.A.P. May 28, 2013)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals (the “Panel”) affirmed the holding of the United States Bankruptcy Court for the Central District of California (the...
Judge(s):
Taylor, Dunn, and Kirscher, Bankruptcy Judges.
Tag(s):

Campbell v. The Hanover Insurance Co. (In re ESA Environmental Specialists, Inc.)

Citation:
Campbell v. Hanover Insurance Co. (In re ESA Environmental Specialists, Inc.), ___ F.3d ____, 2013 WL 765705 (4th Cir.) (2-1 decision).
Ruling:
Defendant's earmarking defense to preference claim rejected because the funds at issue were not used to pay an antecedent debt of the Debtor. Defendant's new value defense to preference claim...
Judge(s):
Chief Judge Traxler, Circuit Judges Wilkinson and Agee
Tag(s):

The Unsecured Creditors Committee v. Community Bank (In re Stinson Petroleum Co., Inc.)

Citation:
No. 12-60234 (January 7, 2013)
Ruling:
The Chapter 7 trustee could not prove that the defendant in a preference action (§ 547(b)) received more than they would have in a Chapter 7 liquidation because, according to Mississippi state...
Judge(s):
BARKSDALE, DENNIS, and GRAVES, Circuit Judges. (Per Curiam opinion).
Tag(s):

Velde v. Border State Bank (In re HovdeBray Enterprises)

Citation:
Case No. 12-6035 (BAP 8th Cir. 2012)
Ruling:
In this preference action by the chapter 7 trustee, the BAP held that perfection of Border State Bank's (the "Bank") lien was within the preference period under Section 547(b) and that the floating...
Judge(s):
Federman, Venters, and Saldino
Tag(s):

Compton v. Anderson (In re MPF Holdings US LLC)

Citation:
Compton v. Anderson (In re MPF Holdings US LLC), No. 11-20478 (5th Cir. Nov. 14, 2012)
Ruling:
Vacating the Bankruptcy Court, the Fifth Circuit held that a reservation of jurisdiction clause of the plan of reorganization was sufficiently specific and unequivocal because the plan stated the...
Judge(s):
Stewart, DeMoss, Graves
Tag(s):

Stoebner v. San Diego Gas & Electric Co. (In re LGI Energy Solutions, Inc.)

Citation:
Stoebner v. San Diego Gas & Electric Co. (In re LGI Energy Solutions, Inc.), Case No. 12-6043 (BAP 8th Cir. November 14, 2012)
Ruling:
Where the debtor acted as a payment intermediary between a utility and a customer and the contract between the debtor and customer required the debtor to remit funds to the utility, the contract...
Judge(s):
FEDERMAN, VENTERS and SALADINO
Tag(s):

Cage v. Hardy Rawls Enterprises, L.L.C. (In re Moye)

Citation:
5th Cir. Court of Appeal (August 21, 2012) - Case No. 11-20534
Ruling:
AFFIRMING the decision of United States Distrcit court for the Southern District of Texas (Houston) that the Trustee had proved that all but one of the payments in question made by the debtors were...
Judge(s):
Wiener, Elrod and Southwick
Tag(s):

Lightfoot v. MXEnergy Electric, Inc. (In re MBS Management Services, Inc.)

Citation:
--- F.3d ----, 2012 WL 3125167, (NO. 11-30553) (Aug. 2, 2012 5th Cir.)
Ruling:
The Fifth Circuit Court of Appeals held that the Debtor's payments to the power company were settlement payments exempt from avoidable transfer pursuant to section 546(e) of the Bankruptcy Code. ...
Judge(s):
Jones, Owen, Higginson
Tag(s):

U.S. v. Turner

Citation:
D.C. Docket No. 1:10-cr-00171-CG-N-1; 11-10993
Ruling:
The 11th Circuit Court of Appeals VACATED the conviction of one count of making false entries in a bankruptcy filing in violation of 18 U.S.C. 1519. The Court of Appeals held that because the...
Judge(s):
CARNES, MARTIN & JORDAN
Tag(s):

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