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Summarizing by Lars Fuller

Home » Reversed

Silva v. Pro Transport, Inc.

  • Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
  • 1 month 1 week ago
Citation:
17-12744 (11th Circuit, Aug 10,2018) Published
Case Status:
Reversed
Ruling:
Eleventh Circuit reversed sanctions imposed by district court on attorneys for prosecuting claims that their client failed to disclose as assets in his bankruptcy case. Applying its 2017 ruling in...
Judge(s):
W Pryor, J Pryor Anderson
Tag(s):

Burkhart v. Grigsby

  • Summarized by Michael Cooley , Bryan Cave Leighton Paisner LLP
  • 5 months 2 weeks ago
Citation:
16-1971 (4th Circuit, Mar 29,2018) Published
Case Status:
Reversed
Ruling:
A chapter 13 debtor may strip down a creditor’s undersecured (or fully underwater) lien whether or not that creditor filed a proof claim, and this power arises under § 1322(b), and not § ...
Judge(s):
King, Diaz, and Shedd
Tag(s):

Lowe v. Deberry, et al.

Citation:
17-50315 (5th Circuit, Mar 07,2018) Published
Case Status:
Reversed
Ruling:
The proceeds from the post-petition sale of a house that was exempt on the petition date are likewise exempt and cannot be recovered by the debtor's trustee. The six month reinvestment safe harbor...
Judge(s):
HIGGINBOTHAM, SOUTHWICK, COSTA
Tag(s):

Crystallex International Corp. v. Petroleos De Venezuela, S.A.

  • Summarized by Elie Worenklein , Debevoise & Plimpton LLP
  • 8 months 2 weeks ago
Citation:
Nos. 16-4012 & 17-1439, U.S. Court of Appeals for the Third Circuit (3rd Circuit, Jan 03,2018) Published
Case Status:
Reversed
Ruling:
A transfer by a non-debtor entity cannot be a “fraudulent transfer” under the Delaware Uniform Fraudulent Transfer Act (“DUFTA”).
Judge(s):
Vanaskie, Rendell and Fuentess
Tag(s):

IN RE: HALER

  • Summarized by Aaron Kaufman , Dykema Cox Smith
  • 8 months 2 weeks ago
Citation:
17-40229 (5th Circuit, Dec 29,2017) Not Published
Case Status:
Reversed
Ruling:
Debtor's oral statement that his company was in "very fine legally [sic] financial shape" and had "plenty of cash to operate" fell within the exception under section 523(a)(2)(A) because it was an...
Judge(s):
King, Dennis and Costa (per curiam)
Tag(s):

In re Pace

  • Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
  • 1 year 3 months ago
Citation:
16-8036 (6th Circuit, Jun 20,2017) Published
Case Status:
Reversed
Ruling:
Judgment Lien based on deficiency judgment after foreclosure sale can be avoided under Section 522 to the extent lien impairs exemptions. Judgment lien is not exempt from avoidance as judgment...
Judge(s):
Delk, Preston and Wise
Tag(s):

Town Center Flats, LLC v. ECP Commercial II LLC (In re Town Center Flats, LLC)

  • Summarized by Thomas DeCarlo , Chapter 13 Trustee Office
  • 1 year 4 months ago
Citation:
Case No. 16-1812, 2017 WL 1573827 (6th Circuit, May 02,2017) Published
Case Status:
Reversed
Ruling:
Assignment of Rents conveys ownership of rents to assignee upon default. Debtor has no interest in rents after default, and rents are not property of Debtor's estate in subsequent Chapter 11...
Judge(s):
Clay, Gibbons and Stranch (on brief for the Court)
Tag(s):

Brown Media Corp. v. K&L Gates, LLP

  • Summarized by Jin Kim , Cravath, Swaine & Moore LLP
  • 1 year 5 months ago
Citation:
15-4185-cv (2nd Circuit, Apr 14,2017) Not Published
Case Status:
Reversed
Ruling:
The 2nd Cir Ct of App held that res judicata did not bar plaintiff claims of breach of fiduciary duty, tortious interference and fraud against defendant law firm in connection with plaintiff’s...
Judge(s):
Hall, Livingston, Circuit Judges, and Garaufis, District Judge, sitting by designation
Tag(s):

Goat Island South Condominium Assoc., Inc. v. IDC Clambakes, Inc. (In re IDC Clambakes, Inc.)

Citation:
15-1771, 15-1818 (1st Circuit, Mar 24,2017) Published
Case Status:
Reversed
Ruling:
The Court of Appeals reversed the District Court's Opinion and affirmed the Bankruptcy Court's decision to award no equitable relief to the Associations. Nothing on the Rhode Island Supreme Court...
Judge(s):
Lynch, Baldock (sitting by designation) and Kayatta
Tag(s):

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