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Volo provides ABI Members with the most timely bankruptcy decisions from the U.S. Courts of Appeal and the Bankruptcy Appellate Courts. Volunteer members provide a summary of each new opinion within 24 hours of their release, and each summary includes the full text of the opinion, the case status, a citation, and the judges involved. Users can also subscribe to email alerts from the circuits that interest them most.

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de la Pena Stettner v. Smith (In re IFS Financial Corp.)

Summarized by Peter Ruggero , Ruggero Law Firm PC
14 years 4 months ago

Citation:: Case No. 10-20670 (5th Cir. January 27, 2012)

Ruling:

The Court of Appeals affirmed that the debtor was the "de facto" owner of three bank accounts that funded the alleged fraudulent transfers and that the chapter 7 trustee met his burden in...

Judge(s):

Garza, Clement, and Southwick

Tag(s):

Motor Vehicle Casualty Co. v. Thorpe Insulation Co. (In re Thorpe Insulation Co.)

Summarized by Elie Herman ,
14 years 4 months ago

Citation:: 9th Circuit Court of Appeals, No. 10-56543

Ruling:

Affirms the District Court's ruling that the Plan preempts Appellants state law claim for enforcement of contract rights. Reverses the District Court's ruling that Appellants lacked standing to...

Judge(s):

Mary M. Schroeder and Ronald M. Gould, Circuit Judges, and Richard Seeborg, District Judge (N.D. Cal.). Opinion by Judge Gould.

Tag(s):

Sears v. Sears (In re AFY, Inc.)

Summarized by Jeremy Ficarola ,
14 years 4 months ago

Citation:: Case No. 11-6042 (8th Cir., Jan. 23, 2012)

Ruling:

In affirming the order from Chief Bankruptcy Judge Thomas L. Saldino for the District of Nebraska ruling in favor of various Sear's family members ("Appellees") and in denying Robert and Korley...

Judge(s):

Schermer, Kressel, Venters, Circuit Judges.

Tag(s):

In re River East Plaza, LLC

Summarized by David Kozlowski , Morrison Cohen LLP
14 years 4 months ago

Citation:: Case No. 11-3263 (7th Cir. Jan 19, 2012)

Ruling:

A secured creditor can object to a plan to protect its lien from unfavorable treatment, but a plan can be crammed down over objection provided one of three subsections of Bankruptcy Code §...

Judge(s):

Posner, Flaum, Sykes

Tag(s):

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