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Summaries by Richard Corbi
- Summarized by Richard Corbi , Otterbourg P.C.
- 11 years 3 days ago
- Citation:
- No. 11-16019, 9th Cir. Jan. 9, 2014 (For Publication)
- Ruling:
- The Ninth Circuit Court of Appeals held that Section 542 of the Bankruptcy Code and pre-Bankruptcy Code practice permit a trustee to seek turnover from an entity that had "possession, custody, or...
- Judge(s):
- N. Randy Smith, Jacqueline H. Nguyen, Gordon J. Quist
- Tag(s):
-
- Summarized by Richard Corbi , Otterbourg P.C.
- 11 years 1 month ago
- Citation:
- Case No. 11-60022, 9th Cir. Dec. 11, 2013 (Not for Publication)
- Ruling:
- First, with regards to the preference claim, the Ninth Circuit Court of Appeals affirmed the B.A.P.'s ruling that W&Y was not an insider because there was no indicia of control over Bella Vista to...
- Judge(s):
- Reinhardt, Noonan, Watford
- Tag(s):
-
- Summarized by Richard Corbi , Otterbourg P.C.
- 11 years 2 months ago
- Citation:
- B.A.P. 9th Cir. Nov. 6, 2013
- Ruling:
- The Bankruptcy Appellate Panel held that (i) FFO failed to meet the fraud standard because it did not allege that the fraud occurred at the time the transaction was entered into with the Debtor,...
- Judge(s):
- Pappas, Jury, and Kirscher
- Tag(s):
-
- Summarized by Richard Corbi , Otterbourg P.C.
- 11 years 2 months ago
- Citation:
- In re Plant Insulation Co., --F.3d--, 2013 WL 5779568 (Oct. 28, 2013 9th Cir.)
- Ruling:
- The Ninth Circuit Court of Appeals held that because the Debtors' plan of reorganization did not call for the Trust to control the reorganized debtor either after confirmation or at any point where...
- Judge(s):
- O'Scannlain
- Tag(s):
-
- Summarized by Richard Corbi , Otterbourg P.C.
- 11 years 3 months ago
- Citation:
- B.A.P. 9th Cir. Oct. 3, 2013 (Not for Publication)
- Ruling:
- The Bankruptcy Appellate Panel of the Ninth Circuit held that the lender did not meet its burden of proof to establish that a portion of the debt owed by the debtor was nondischargeable under a...
- Judge(s):
- Dunn, Pappas and Jury
- Tag(s):
-
- Summarized by Richard Corbi , Otterbourg P.C.
- 11 years 4 months ago
- Citation:
- --F.3d--, 2013 WL 4797288 (Sept. 10, 2013 9th Cir.) (For Publication)
- Ruling:
- The Ninth Circuit Court of Appeals held that the bankruptcy court had neither "arising under" nor "arising in" subject matter jurisdiction. The Ninth Circuit Court of Appeals also held, however,...
- Judge(s):
- Nelson, Paez, Conlon
- Tag(s):
-
- Summarized by Richard Corbi , Otterbourg P.C.
- 11 years 8 months ago
- Citation:
- Case No. 12-15603 (11th Cir. May 6, 2013)
- Ruling:
- The Eleventh Circuit Court of Appeals AFFIRMED the District Court ruling that AFFIRMED the Bankruptcy Court's ruling that the issuance of dividends to a debtor's shareholder to offset tax liability...
- Judge(s):
- Tjoflat, Martin and Jordan
- Tag(s):
-
- Summarized by Richard Corbi , Otterbourg P.C.
- 11 years 9 months ago
- Citation:
- In re Gelb, Case No. 12-1086 (B.A.P. 9th Cir. Mar. 29, 2013) (not for publication)
- Ruling:
- The B.A.P. affirmed the bankruptcy court's decision. First, the B.A.P. held that neither a parent nor a guardian ad litem may bring an action on behalf of a minor child without retaining a lawyer....
- Judge(s):
- Pappas, Kirscher, and Taylor, Bankruptcy Judges
- Tag(s):
-
- Summarized by Richard Corbi , Otterbourg P.C.
- 12 years 3 months ago
- Citation:
- State of Nevada, ex rel. Barret R. Bates v. Mortgage Electronic Registration System, Inc., No. 11-16310 (9th Cir. Sept. 17, 2012) (Not for Publication)
- Ruling:
- Because the defendants had no "obligation" to record assignments or other documents relating to securing property, Bates failed to state a claim of liability under NFCA section 357.040(1)(g).
- Judge(s):
- Schroeder, Callahan, and Korman
- Tag(s):
-
- Summarized by Richard Corbi , Otterbourg P.C.
- 12 years 5 months ago
- Citation:
- --- F.3d ----, 2012 WL 3125167, (NO. 11-30553) (Aug. 2, 2012 5th Cir.)
- Ruling:
- The Fifth Circuit Court of Appeals held that the Debtor's payments to the power company were settlement payments exempt from avoidable transfer pursuant to section 546(e) of the Bankruptcy Code. ...
- Judge(s):
- Jones, Owen, Higginson
- Tag(s):
-
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