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Hernandez Zorilla v. FOMB

Summarizing by David Treacy

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Gugino v. Greater Rome Bank (In re Payroll America, Inc.)

Citation:
Ninth Circuit Court of Appeals Case No. 13-35903 (July 9, 2015) (Not for Publication)
Ruling:
Trustee failed to demonstrate a fraudulent transfer where Defendant bank had no dominion over the money transferred from Debtor and was therefore not an initial transferee; bank was not an entity...
Judge(s):
NGUYEN and FRIEDLAND, Circuit Judges and CARNEY District Judge sitting by designation.
Tag(s):

Gatewood v. CP Medical, LLC (In re Gatewood)

Citation:
Gatewood v. CP Medical, LLC (In re Gatewood), Case No. 15-6008 (B.A.P. 8th Cir. July 10, 2015)
Ruling:
The filing of an accurate proof of claim for a time-barred debt containing all required information, including the timing of the debt, standing alone, is not a prohibited debt collection practice...
Judge(s):
Kressel, Saladino, and Shodeen, Bankruptcy Judges
Tag(s):

Franklin CA Tax-Free Trust v. Commonwealth of Puerto Rico

Citation:
First Circuit #15-1218, 1221, 1271 & 1272
Ruling:
Affirms District Court's holding that §903 of the Bankruptcy Code pre-empts Puerto Rico's recently enacted "Recovery Act", relating to municipal bankruptcy. One judge concurred, but would find...
Judge(s):
Lynch (author), Howard, and Toruella (concurring in the judgment but would hold that exclusion of Puerto Rico is unconstitutional).
Tag(s):

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