Bennett v Garner

Citation:
No. 18-1531 (4th Circuit, Jan 16,2019) Published
Case Status:
Reversed and Remanded
Ruling:
The 4th Circuit held that a state court judgment confirming an arbitration award did not preclude plaintiff’s fraudulent transfer claims and alter-ego claims under doctrine of res judicata. With...
Judge(s):
Keenan, Floyd, and Thacker.
Tag(s):

Slovak v. Loveridge (In re Eurogas)

Citation:
17-4197 (10th Circuit, Jan 04,2019) Not Published
Case Status:
Reversed and Remanded
Ruling:
When deciding whether to allow or disallow a trustee to abandon an asset, a bankruptcy court must (1) identify the legal definition of the terms “burdensome” and “inconsequential,” (2) make...
Judge(s):
Bacharach, Ebel, Moritz (Ebel) (Bacharach concurring)
Tag(s):

IN RE: TH PROPERTIES

Citation:
No. 17-1922 (3rd Circuit, Nov 28,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
The Third Circuit Court of Appeals vacated the district court’s order and remanded for further consideration, finding, in part, that the bankruptcy court and district court erred when they found...
Judge(s):
Ambro, Restrepo, and Fuentes, Circuit Judges
Tag(s):

IN RE: WIGLEY

Citation:
18-6004 (8th Circuit, Nov 09,2018) Published
Case Status:
Reversed and Remanded
Ruling:
The bankruptcy court erred by allowing a judgment creditor's claim that arose from a judgment under the Minnesota Uniform Fraudulent Transfer Act when the claim had been satisfied by a payment by...
Judge(s):
Schermer, Nail, Shodeen
Tag(s):

THERMO CREDIT, LLC v DCA SERVICES, INC.,

Citation:
Case No. 17-4207; File No. 18a0542n.06 (6th Circuit, Oct 29,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
Sixth Circuit held that, under the Ohio UFTA, payments subject to a valid lien cannot be subject to being recovered from a transferee. The Court also held that a lender that is aware of the...
Judge(s):
Gibbons, Stranch and Bush, Circuit Judges
Tag(s):

IN RE: INSITE CORPORATION, INC.

Citation:
17-1436 (1st Circuit, Oct 05,2018) Published
Case Status:
Reversed and Remanded
Ruling:
The Pearlman doctrine (Pearlman v. Reliance Ins. Co., 371 U.S. 132, 141-42 (1962)), does not apply to the relationship at issue between the debtor-subcontractor and the contractor due to the...
Judge(s):
Torruella, Lipez, and Barron
Tag(s):

Ress Financial Corp. v. Beaumont 1600, LLC

Citation:
BAP No. CC-17-1357-LLsTA & CC-17-1387-LLsTa (9th Circuit, Sep 07,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 9th Cir. reversed and remanded contempt citation of bankruptcy court (CD Cal.) finding the court made inadequate findings to support ruling. Bankruptcy court failed to find that...
Judge(s):
Lafferty, Taylor, Lastreto
Tag(s):

Hunsaker v. U.S.A.

Citation:
16-35991 (9th Circuit, Aug 30,2018) Published
Case Status:
Reversed and Remanded
Ruling:
Ninth Circuit reversing district court, which had reserved the bankruptcy court award of damages to the Debtors for violation of the automatic stay by the IRS. Sovereign immunity does not bar an...
Judge(s):
McKeown, Paez, and Bashant
Tag(s):

Bennett v. Jefferson County, AL

Citation:
15-11690 (11th Circuit, Aug 16,2018) Published
Case Status:
Reversed and Remanded
Ruling:
The doctrine of equitable mootness applies to confirmed plans in chapter 9 (as well as chapter 11 and 13) bankruptcy cases. To the extent that constitutional rights may be affected in chapter 9...
Judge(s):
TJOFLAT, MARTIN, and JORDAN
Tag(s):

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