Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
12 years 1 week ago
Citation:
No. 13‐1377 (7th Cir., Mar. 12, 2014)
Ruling:
In case involving $900,000 in allegedly preferential payments relating to cattle sales, the Seventh Circuit found that a bailment existed with regard to the Debtor's possession of the transferee's...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 3 weeks ago
Citation:
Hope 7 Monroe Street LP, U.S. Court of Appeals D.C. Cir., No. 12-7054 [February 28, 2014]
Ruling:
The Court of Appeals for the District of Columbia, held that the district court did not err in affirming the bankruptcy courts rulings. The district court's decision affirmed the ruling by the...
Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
12 years 1 month ago
Citation:
Appeal from US Dist. Ct. ND IL ED, Case No. 11 C 05045
Ruling:
The 7th Circuit was asked to decide whether a Chapter 11 Debtor in Possession could bring an action to recoup its Federal tax payments pursuant to § 544(b)(1). The Court decided it could not, for...
Judge(s):
Before BAUER and FLAUM, Circuit Judges, and VAN BOKKELEN, District Judge
Paulson v. Go Global, Inc. (In re Go Global, Inc.), 2014 Bankr. LEXIS 121 (B.A.P. 9th Cir. Jan. 13, 2014)
Ruling:
In an opinion marked "not suitable for publication," the Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals ("BAP 9th Cir.") affirmed the decision of the United States Bankruptcy...
The Ninth Circuit Court of Appeals held that Section 542 of the Bankruptcy Code and pre-Bankruptcy Code practice permit a trustee to seek turnover from an entity that had "possession, custody, or...
Judge(s):
N. Randy Smith, Jacqueline H. Nguyen, Gordon J. Quist
Reversing the order of the bankruptcy court (“BC”), the Bankruptcy Appellate Panel for the Eighth Circuit (“BAP”) held that a deed of trust was not void for lack of consideration and that a...
Arvest Bank v. Cook (In re Cook), Case No. 13-6014 (BAP 8th Cir., Jan. 9, 2014)
Ruling:
The BAP did not disturb the finding of the bankruptcy court that the Arvest Bank judgment lien had priority over Empire Bank's judgment lien; the BAP held that the guaranty obligations owed to...
- Debtor’s post-petition payment pursuant to a first-day wage order does not affect the calculation of preference liability and the new value defense.
- Statutory language is not clear but...
Grant, Konvalinka & Harrison, P.C. v. Still (In re Bowers), Nos. 12-6374/6375 (6th Cir. Dec. 17, 2013)
Ruling:
The decision of the district court was affirmed. (1) Though the bankruptcy court's order extending the automatic stay referred to Section 362(e)(1), no preliminary hearing was required because...
Case No. 11-60022, 9th Cir. Dec. 11, 2013 (Not for Publication)
Ruling:
First, with regards to the preference claim, the Ninth Circuit Court of Appeals affirmed the B.A.P.'s ruling that W&Y was not an insider because there was no indicia of control over Bella Vista to...
