Summarized by B. King , Office of the U.S. Trustee
13 years 1 month ago
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
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).
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...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
13 years 5 months ago
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...
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...
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...
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. ...
Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
13 years 11 months ago
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...
Summarized by Aletheia Allen , New Mexico Court of Appeals
13 years 11 months ago
Citation:
Gladwell v. Reinhart, Case No. 2:08-CV-00562-DAK (April 24, 2012), unpublished
Ruling:
The Tenth Circuit Court of Appeals held that (i) the debtor's Keogh retirement plan was generally exempt under Utah state law because it substantially complied with the IRS tax requirements, (ii)...
The Court reversed the bankruptcy court's ruling granting summary judgment in favor of the defendants, and remanded for further proceedings. The Court held that funds paid by the debtor's...
