Court ruled that a preferential transfer of a debtor's garnished wages cannot occur until the debtor's wages are actually earned. Court concluded that the transfer was "perfected" under section...
The BAP for the 8th Circuit affirmed the ruling of the bankruptcy court (W.D. Mo. - Springfield) holding that a sheriff's posting of execution application and order on boat slip was sufficient...
Barney v. Bank of America (In re Gifford), Case No. 15-8097 (10th Cir. June 3, 2016) (unpublished)
Ruling:
The transfer of an interest in a mortgage is merely an assignment from one creditor to another—not a transfer of the debtor’s property or an obligation incurred by the debtor.
Unpublished Opinion AFFIRMING the ruling of the United States District Court for the Northern District of West Virginia (1:11-cv-00163-IMK-JSK) of 01/28/15. See 526 B.R. 166 (2015).
Judge(s):
Circuit Judges J. Harvie Wilkenson, III and Paul V. Niemeyer, and United States District Judge or the District of South Carolina David C. Norton, sitting by designation.
Judge Norton wrote the opinion, in which Judge WIlkinson and Judge Niemeyer joined.
7th Cir., Case No. 15-2093, Decided March 11, 2016
Ruling:
The judgment of the bankruptcy court was reversed, and the case remanded in order to determine: a) the value of the asset transferred (in the form of commercial leases that were terminated...
Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
9 years 11 months ago
Citation:
15-1894
Ruling:
Since no final judgment or appealable order was entered by the Bankruptcy Court, the Court of Appeals lacks appellate jurisdiction to review the District Court’s decision.
Judge(s):
WOOD, Chief Judge, EASTERBROOK, Circuit Judge, and BRUCE, District Judge
Gladstone, et al. v. Schaefer, et al. (In re UC Lofts on 4th, LLC, et al.), BAP No. SC-14-1287-JuKlPa & SC-14-1320-JuKlPa (BAP 9th Cir. Sept. 4, 2015)
Ruling:
In a 49 page opinion addressing ten issues related to fraudulent transfer, preference, and equitable subordination claims in a consolidated appeal, the BAP for the 9th Circuit affirmed the ruling...
Jubber v. SMC Elec. Products, Inc. (In re C.W. Mining Co.), Case No. 13-4175 (10th Cir. August 10, 2015). Published.
Ruling:
The 10th Circuit permits first time transactions between a debtor and creditor to come with the ordinary course exception of section 547(c)(2) so long as the first time debt is ordinary in relation...
Barney v. Bank of America (In re Gifford), Case No. 14-4001 (10th Cir. BAP July 24, 2015) (unpublished)
Ruling:
Constructive notice of the existence of a lien precludes a trustee’s avoidance of a perfected lien using section 544(a)’s strong arm powers and a debtor who grants a mortgage on her property...
Strauss v. Cole, No. 14-3302 (8th Cir. July 6, 2015)
Ruling:
Eighth Circuit affirmed district court ((W.D. Miss. - Jefferson City) and concluded there was no basis for reversal on defendants' appeal of grant of summary judgment in favor of trustee plaintiff...
