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Boyd v. Rescap Borrower Claims Trust (In re Residential Capital, LLC)

  • Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
  • 7 years 3 months ago
Citation:
16-2950-bk (2nd Circuit, Oct 04,2017) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court had jurisdiction to disallow a claim that was based on the same claims that had been the subject of litigation outside of bankruptcy. Claims allowance is a core proceeding, and...
Judge(s):
Chin, Droney, Restani
Tag(s):

IN RE: WALLDESIGN, INC.

  • Summarized by Dean Rallis , Hahn & Hahn, LLP
  • 7 years 3 months ago
Citation:
15-56220 (9th Circuit, Oct 02,2017) Published
Case Status:
Affirmed
Ruling:
The appellants were deemed initial transferees and strictly liable for the return of the monies fraudulently transferred by the debtor.
Judge(s):
A. Wallace Tashima, Jacqueline H. Nguyen, Algenon L. Marbley
Tag(s):

IN RE: OPUS EAST LLC, ET AL.

  • Summarized by Alexandra Schnapp , U.S. Bankruptcy Court, Northern District of Georgia
  • 7 years 3 months ago
Citation:
No. 16-2202 (3rd Circuit, Sep 28,2017) Not Published
Case Status:
Affirmed
Ruling:
The Third Circuit Court of Appeals affirmed the district court's (D. Del.) opinion affirming the bankruptcy court's decision 1) that the debtor was solvent when it transferred certain assets...
Judge(s):
Chagares, Restrepo, and Roth
Tag(s):

Phoenician Mediterranean Villa, LLC v. Swope (In re J&S Properties)

  • Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
  • 7 years 3 months ago
Citation:
16-3366 (3rd Circuit, Sep 28,2017) Published
Case Status:
Affirmed
Ruling:
As trustees are government officials, the doctrine of "qualified immunity" applies to discretionary actions taken by a trustee to preserve the estate's assets. "Qualified immunity" shields...
Judge(s):
Hardiman, Roth, Fisher
Tag(s):

IN RE: ONESTAR LONG DISTANCE, INC.

  • Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri, St. Louis
  • 7 years 3 months ago
Citation:
Nos. 16-1940 & 16-2094 (7th Circuit, Sep 22,2017) Published
Case Status:
Affirmed
Ruling:
The Seventh Circuit affirmed the rulings below to hold $1.9 million paid by the debtor pre-petition unavoidable under Code § 547(c)(4). The Court found that the Bankruptcy Court reasonably used a...
Judge(s):
Sykes, Posner, Easterbrook
Tag(s):

IN RE: THE FINANCIAL OVERSIGHT AND MANAGEMENT BOARD FOR PUERTO RICO, AS REPRESENTATIVE FOR THE COMMONWEALTH OF PUERTO RICO

  • Summarized by David Baker , Law Office of David G. Baker
  • 7 years 3 months ago
Citation:
17-1831 (1st Circuit, Sep 22,2017) Published
Case Status:
Reversed and Remanded
Ruling:
District Court abused its discretion in denying intervention
Judge(s):
Howard (C.J. and author); Torruella and Kayatata
Tag(s):

PINNACLE RESTAURANT AT BIG SKY LLC V CH SP ACQUISITIONS LLC

  • Summarized by Alexandra Schnapp , U.S. Bankruptcy Court, Northern District of Georgia
  • 7 years 4 months ago
Citation:
15-35572 (9th Circuit, Sep 12,2017) Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Court of Appeals affirmed the order of the district court affirming the bankruptcy court’s decision that a bankruptcy trustee’s sale of a debtor’s property was free and...
Judge(s):
Kozinski, Fletcher, Block
Tag(s):

Zazzali v. U.S.A. (In re DBSI, Inc.)

Citation:
16-35597 (9th Circuit, Aug 31,2017) Published
Case Status:
Affirmed
Ruling:
Section 106(a)(1) abrogates sovereign immunity, allowing bankruptcy trustees to sue the United States under state fraudulent transfer law for prepetition tax payments. Disagreeing with the Seventh...
Judge(s):
Hawkins, Gould, Paez
Tag(s):

Sian v. Montoya (In re Sandia Resorts, Inc.)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 7 years 4 months ago
Citation:
NM-17-003 (10th Circuit, Aug 30,2017) Not Published
Case Status:
Affirmed
Ruling:
The trustee can overcome the burden of demonstrating that an appeal of a sale under § 363(b) is moot under § 363(m) if the appellant fails to offer a permissible theory for relief that would...
Judge(s):
Karlin, Nugent, Mosier (Karlin)
Tag(s):

Twin City Pipe Trades Service Asso., Inc. v. Wenner Quality Services, Inc.

Citation:
16-1791 (8th Circuit, Aug 29,2017) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
In a case with the thinnest of connections to bankruptcy (the owners of the corporate defendant filed for bankruptcy relief; Sara Wenner then was dismissed from the federal ERISA litigation), the...
Judge(s):
SMITH, COLLOTON, KELLY
Tag(s):

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