To prevail on a fraudulent transfer claim under § 727(a)(2), the plaintiff must demonstrate by a preponderance of the evidence that the defendant actually intended to hinder, delay, or defraud a...
Wire transfers by debtor into his unrestricted checking account were not transfers, as that term is defined in section 101(54), and therefore could not be avoidable transfers under section 548(a). ...
1. Proof of claim for malicious prosecution was barred by res judicata effect of prior slander of title action.
2, Proof of claim for debtor's failure to timely respond under RESPA was...
Debtor's health savings account (HSA) was not exempt property pursuant to Section 522 and Georgia's state exemptions which exempt “disability, illness, or unemployment benefit,” and any...
Contracts between the trustee, his administrative servicer, and his bank, did not violate section 1972(1)(E) of the Bank Holding Company Act because the plaintiff could not show that the contracts...
Although the Court addressed multiple procedural and substantive issues in the opinion, it principally held that the mere recitation of procedural rules and requirements is insufficient to warrant...
In a non-bankruptcy case, the 9th Cir. affirmed the C.D. Cal. decision compelling Native American lending entities to comply with civil investigative demands issued by the Consumer Financial...
The Ninth Circuit held that the claim of a former shareholder with a fraud judgment against the principals of corporation was not subject to subordination under 11 U.S.C. § 510(b), and that the...
Judge(s):
Diarmuid F. O'Scannlain, Ferdinand F. Fernandez, and Johnnie B. Rawlinson
Lender is not liable to borrower, under general tort / contract principles or pursuant to Home Affordable Modification Program (HAMP) regulations, for payment of duplicative insurance premiums from...
