The filing of a notice of lis pendens against real property in Colorado is not a preferential “transfer of an interest in property” within the meaning of § 547(b). In affirming the bankruptcy...
Summarized by David Banker , Womble Bond Dickinson (US) LLP
12 years 4 months ago
Citation:
No. 13-1197, November 15, 2013, United States Court of Appeals for the Third Circuit
Ruling:
A trade claim that is subject to disallowance under § 502(d) of the Bankruptcy Code in the hands of the original claimant is similarly disallowable in the hands of a subsequent transferee (such as...
Judge(s):
Argued before Judges Chagares, Vanaskie and Shwartz. Opinion by Judge Shwartz
United States Bankruptcy Appellate Panel of the Tenth Circuit, No. UT-13-026
Ruling:
The BAP affirmed the bankruptcy court's ruling, on summary judgment, that the debt between the debtor and creditor-defendant was incurred in the ordinary course of the parties' businesses, and the...
Judge(s):
Cornish, Karlin, and Romero, Bankruptcy Judges. Opinion by Judge Karlin.
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 6 months ago
Citation:
In re Harry Ville Talermo, 10th Cir. BAP., WY-13-021 (September 23, 2013) [NOT FOR PUBLICATION]
Ruling:
In an unpublished opinion, the bankruptcy appellate panel for the 10th Circuit, reversed and remanded the bankruptcy court's order granting the trustee's motion for summary judgment, which...
Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
12 years 6 months ago
Citation:
10‐3787, 10‐3990 & 11‐1123
Ruling:
The 7th Circuit affirmed the District Court's denial of the illegal contract claim that had been filed by the Trustee but reversed the lower court's denial of fraudulent transfer and equitable...
Huntington National Bank v. Thomas Richardson, et al. (In re Cyberco Holdings Inc.), Case No. 10-2537 (6th Cir. Aug. 20, 2013)
Ruling:
The bankruptcy court's orders denying the motions to substantively consolidate two Chapter 7 bankruptcy estates were not final orders within the meaning of 28 U.S.C. § 158(a)(1).
Judge(s):
The Honorable Deborah L. Cook, the Honorable Jane Branstetter Stranch, and the Honorable David M. Lawson (United States District Judge for the Eastern District of Michigan, sitting by designation).
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 7 months ago
Citation:
In re: American Bank FSB, 6th Cir Court of Appeals, No. 12-6349, (August 16, 2013)
Ruling:
In an opinion recommended for full text publication, the 6th Circuit Court of Appeals affirmed the ruling by the district court, that, in regards to the competing secured claims by American Bank...
Judge(s):
Circuit Court Judges: GIBBONS, SUTTON and KETHLEDGE
Applying the plain language of Fed. R. Civ. P. 15(c)(1), the Eighth Circuit affirmed the principle that whether the party seeking to amend a pleading knew when the original pleading was filed of...
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)
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...
