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Ballard Spahr LLP v Official Committee of Equity Security Holders

Summarizing by Paris Gyparakis

Coastal Capital, LLC v. Savage

Summarizing by Bradley Pearce

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In re: JEFFREY KENT GRACY

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 8 years 9 months ago
Citation:
16-3281 (10th Circuit, May 24,2017) Not Published
Case Status:
Affirmed
Ruling:
The Kansas Manufactured Home Act is not the exclusive means for determining when a mobile home is a fixture for purposes of the attachment of a security interest and courts are free to also look at...
Judge(s):
Briscoe, Holmes, Phillips
Tag(s):

Sender v. Werth (In re Werth)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 8 years 9 months ago
Citation:
CO-16-022 (10th Circuit, May 08,2017) Not Published
Case Status:
Affirmed
Ruling:
Property transferred from a trust to debtor individually prior to the petition date became property of the bankruptcy estate and the proceeds from the postpetition sale of that property were...
Judge(s):
Karlin, Jacobvitz, Mosier (Jacobvitz)
Tag(s):

Martinez v. Sears (In re Sears)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 8 years 11 months ago
Citation:
BAP No. CO-16-025 (10th Circuit, Mar 24,2017) Published
Case Status:
Affirmed
Ruling:
A prima facie case under § 727(a)(3) requires a showing that debtor failed to maintain and preserve adequate records and that the failure made it impossible to ascertain his financial condition...
Judge(s):
Cornish, Michael, Hall (Michael)
Tag(s):

Brown v. Ellmann (In re Brown)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 8 years 11 months ago
Citation:
16-1967 (6th Circuit, Mar 20,2017) Published
Case Status:
Affirmed
Ruling:
Section 522 will not support an exemption on the basis of state-law redemption rights in a piece of property if the proceeds from the sale of that property are insufficient to satisfy the prior...
Judge(s):
Merritt, Kethledge, White (Merritt)
Tag(s):

Worley v. Magers (In re Robinson)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 2 days ago
Citation:
15-2346 (4th Circuit, Feb 28,2017) Published
Case Status:
Affirmed
Ruling:
When a valuation model or estimate falls outside the realm of common sense, denial of a discharge for making a false oath under 11 U.S.C. § 727(a)(4) is appropriate. This is particularly so when...
Judge(s):
Wilkinson, Niemeyer, Keenan (Wilkinson)
Tag(s):

Metropolitan Government of Nashville & Davidson County v. Hildebrand, III (In re Corrin)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 1 week ago
Citation:
16-5717/5719 (6th Circuit, Feb 23,2017) Published
Case Status:
Affirmed
Ruling:
A state law targeted at bankruptcy proceedings and not a law of general applicability is not “applicable non-bankruptcy law” when calculating interest on an over-secured tax claim under 11...
Judge(s):
Merritt, Moore, Stranch (Stranch)
Tag(s):

Terrell v. IRS (In re Terrell)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 1 week ago
Citation:
WO-16-007 (10th Circuit, Feb 17,2017) Not Published
Case Status:
Affirmed
Ruling:
A debtor who has been criminally convicted for tax-related crimes may be collaterally estopped from discharging his tax debt in bankruptcy for the subject years if these elements are met: (1) the...
Judge(s):
NUGENT, ROMERO, MOSIER (Romero)
Tag(s):

In re Kempff (Appeal of Farley)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 4 weeks ago
Citation:
15-3200 (7th Circuit, Jan 30,2017) Published
Case Status:
Affirmed
Ruling:
To prevail on a fraudulent transfer claim under § 727(a)(2), the plaintiff must demonstrate by a preponderance of the evidence that the defendant actually intended to hinder, delay, or defraud a...
Judge(s):
Wood, Sykes, Hamilton (Sykes)
Tag(s):

Spradlin v. Khouri, et al.

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 1 month ago
Citation:
15-8031 (6th Circuit, Jan 04,2017) Published
Case Status:
Affirmed
Ruling:
When a postpetition transfer completely divests a debtor’s interest in property, that property is not subject to turnover under § 542, but may still be avoided under § 549. If only possession...
Judge(s):
Delk, Humphrey, Opperman (Humphrey)
Tag(s):

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