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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.)

  • Summarized by Richard Corbi , Otterbourg P.C.
  • 11 years 8 months ago
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

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 11 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...
Judge(s):
CARNES, MARTIN & JORDAN
Tag(s):

Gladwell v. Reinhart (In re Reinhart)

  • Summarized by Aletheia Allen , New Mexico Court of Appeals
  • 12 years 2 days 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Gladwell v. Reinhart, Case No. 2:08-CV-00562-DAK (April 24, 2012), unpublished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)...
Judge(s):
Kelly, Holloway, and Murphy.
Tag(s):

Stoebner v. Consumers Energy Co. (In re LGI Energy Solutions, Inc.)

Citation:
Case Nos. 11-6045; 11-6046; 11-6047; 11-6048; 11-6049; 11-6050; 11-6051 (8th Cir. B.A.P. Dec. 8, 2011)
Ruling:
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...
Judge(s):
Federamn, Venters, and Nail
Tag(s):

In re IFC Credit Corp.

  • Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
  • 12 years 4 months ago
Citation:
First Chicago Bank & Trust v. Leibowitz (In re IFC Credit Corp.), Ch. 7 Case No. 09-27094, Adv. No. 09-01230, aff'd No. 11-cv-1976, No. 11-2172 (7th Cir. Dec. 5, 2011).
Ruling:
Affirmed. The rule prohibiting pro se corporate filings is nonjurisdictional. Even though a pro se corporate filing is defective, it can be cured by an amended petition signed by an attorney...
Judge(s):
JJ. BAUER, POSNER AND WOOD
Tag(s):

Soto-Rios v. Banco Popular de Puerto Rico

  • Summarized by Lynne Xerras , Holland & Knight LLP
  • 12 years 5 months ago
Citation:
Luis A. Soto-Rios and Brenda Tosada-Arbelo v. Banco Popular De Puerto Rico, United States Court of Appeals for the First Circuit, Appeal No. 10-227 (unpublished)
Ruling:
The United States Court of Appeals, First Circuit (J. Howard) ("First Circuit") found that a mortgagee and purported secured creditor held an "interest in property" as that term is used in both 11...
Judge(s):
Judges Lipez, Ripple and Howard, Circuit Judges.
Tag(s):

In re Longview Aluminum, L.L.C.

  • Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
  • 12 years 7 months ago
Citation:
In re Longview Aluminum, L.L.C., No. 10-2780 (7th Cir. Sept. 2, 2011).
Ruling:
Because the question of "insider" status is a mixed question of law and fact, the Court of Appeals reviewed the underlying judgment de novo. If a preference defendant is an "insider" of the...
Judge(s):
Circuit Judges Bauer, Flaum and Williams, with Judge Bauer writing for the Court. Affirming District Judge Der-Yeghiayan, who affirmed Bankruptcy Judge Wedoff of the Northern District of Illinois.
Tag(s):

Lange v. Inova Capital Funding, LLC (In re Qualia Clinical Service, Inc.)

Citation:
No 11-1201
Ruling:
Eighth Circuit held that the affirmative defense of 547(c)(5) is unavailable to creditors not holding a perfected security interest at the onset of the preference period. The court explained that...
Judge(s):
Colloton, Clevenger, and Benton
Tag(s):

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