Home » 548

THE LOVERING TUBBS TRUST, ET AL V. TIMOTHY W. HOFFMAN

Citation:
23-60005 (9th Circuit, Sep 09,2024) Published
Case Status:
Affirmed
Ruling:
The chapter 7 trustee (i) had Article III standing to bring a fraudulent transfer avoidance action because the trustee represents the bankruptcy estate, not the debtor's creditors; and (ii) did not...
Judge(s):
Carlos T. Bea, David F. Hamilton,* and Morgan Christen, Circuit Judges (*United States Court of Appeals for the Seventh Circuit, sitting by designation)
Tag(s):

POSHOW ANN KIRKLAND, ET AL V. JASO

Citation:
No. 22-55944 (9th Circuit, Aug 23,2024) Published
Case Status:
Affirmed
Ruling:
The Circuit Court affirmed the district court’s order affirming a judgment of the bankruptcy court, and remanded for further proceedings, in a fraudulent transfer action in which a jury...
Judge(s):
Richard R. Clifton, Gabriel P. Sanchez, and Edward R. Korman,
Tag(s):

DuVall v. County of Ontario

Citation:
21-2917-bk (2nd Circuit, Sep 29,2023) Published
Case Status:
Affirmed
Ruling:
When determining whether a transfer left an entity insolvent, courts must accept the facts as they are and not as they hypothetically may be. Thus, when a debtor declared property as exempt under...
Judge(s):
CALABRESI, LOHIER, and KAHN, Circuit Judges
Tag(s):

Ogle v. Morgan, et al

  • Summarized by Caleb Chaplain , U.S. Bankruptcy Court for the Western District of Virginia
  • 2 years 2 months ago
Citation:
20-10908 (5th Circuit, Oct 07,2022) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Fifth Circuit affirmed dismissal of the constructive fraud claims related to the settlement releases because the Delaware judgment established that reasonably equivalent value was given in...
Judge(s):
Jones and Southwick
Tag(s):

Mark DeGiacomo v. Sacred Heart Univeristy (In re Palladino)

Citation:
17-1334 (1st Circuit, Nov 12,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Payments made by debtors to a university for a child's college education are per se constructively fraudulent transfers under section 548 when the payments were made when the parents were...
Judge(s):
Howard, Torruella, and Lynch
Tag(s):

Burdette v. Emerald Partners, LLC (In re Cascade Ag Services, Inc.)

Citation:
WW-17-1006-BKuF, WW-17-1007-BKuF (Cross-Appeals) (9th Circuit, Nov 02,2017) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court's ruling that the debtor's transfer of 2/3 of the proceeds from its 2011 blueberry crop was avoidable as a fraudulent transfer and that the intended...
Judge(s):
BRAND, KURTZ, FARIS
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):

Meoli v. The Huntington National Bank

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 7 years 11 months ago
Citation:
Nos. 15-2308/2362 (6th Circuit, Feb 08,2017) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
In a lengthy opinion, Sixth Circuit affirmed a district court's determination that a bank was liable as a transferee of direct and indirect loan payments it received after its good faith defense...
Judge(s):
Moore, Rogers and Sentelle (D.C Circuit-sitting by designation)
Tag(s):

Ivey v. First Citizens Bank & Trust Co. (In re Whitley)

  • Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
  • 7 years 11 months ago
Citation:
15-2209 (4th Circuit, Jan 31,2017) Published
Case Status:
Affirmed
Ruling:
Wire transfers by debtor into his unrestricted checking account were not transfers, as that term is defined in section 101(54), and therefore could not be avoidable transfers under section 548(a). ...
Judge(s):
Gregory, Wynn, Davis
Tag(s):

Bash v. Textron Financial Corp., (In re Fair Finance Co.)

  • Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
  • 8 years 4 months ago
Citation:
2016 WL 4437606 (6th Cir. 2016)
Ruling:
District Court erred in dismissing Trustee's Complaint to recover alleged fraudulent transfers and civil conspiracy charges. Case remanded for further proceedings.
Judge(s):
Moore, Gibbons and Davis (Senior Circuit Judge from Fourth Circuit Court of Appeals)
Tag(s):

Pages

Bankruptcy News

Cobalt Miner Jervois in Rescue Deal to Better Compete with China

WSJ Pro Bankruptcy: Four Defining Themes in Corporate Restructuring in 2024

Do Kwon Pleads Not Guilty to U.S. Charges Over Terra Collapse

TGI Fridays Ex-CEO Blanchette To Take Over Chain’s Management

Diamond Sports Group Formally Emerges From Bankruptcy, Rebrands

About us in numbers

3743 in the system

3626 Summarized

0 Being Processed