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1st cir In Re: Ontos, Inc. (03/01/07 – No. 06-1512) Order approving a bankruptcy trustee’s stipulation for waiver and release of claims arising out of a bankrupt company’s fraudulent transfer is affirmed where: 1) creditors only have standing to pursue claims for fraudulent conveyance during bankruptcy proceedings when a trustee or debtor in possession unjustifiably...
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1st Circuit In Re: Donald J. Wilding (01/30/07 – No. 05-9011) Denial of motion to avoid judicial lien on debtor’s residence under 522(f) is remanded — for 522(f) to apply, the lien need not exist at the moment the debtor files its motion. 2nd Circuit In Re: Enron Corp. (01/29/07 – No. 05-5599) Dismissal of...
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HSBC Bank USA v. United Air Lines, Inc., 04 A 02413 underlying bankruptcy: In re UAL Corp., et al., 02 B 48191 opinion issued: 01/22/2007 by judge: Eugene R. Wedoff read the first opinion here read the second opinion here
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3rd circuit In re: Color Tile, Inc. (01/26/07 – No. 04-4351) In case arising from the bankruptcy of Color Tile Inc. involving allegations of fraudulently transferred dividends, summary judgment for defendant on statute of limitations grounds is vacated where the district court could not properly determine as a matter of law that the defendant did...
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In re Reeves, 327 B.R. 436 (Bankr. W.D. Mo. 2005) (Dennis R. Dow, Judge) § 521(e)(2)(A): trustee and court examine tax returns to determine abuse Debtor significantly under-reported income at the time of filing petition and accompanying schedules. UST calculated under-reporting to be $1,580.51 per month. Court noted that it could take debtor good-faith into...
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1st circuit In Re: Millivision, Inc. (01/16/07 – No. 06-9006) Summary judgment for a bankruptcy trustee allowing the invocation of the “strong-arm” provision against an unrecorded, unperfected security interest in the chapter 11 debtor’s assets is affirmed where: 1) the appellants’ argument that Bankruptcy Code sections 547(c) and (e) are exceptions to section 544(b)’s avoidance...
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In In re Jumpp, No. MW 06-031 (1st Cir. December 28, 2006) The Bankruptcy Appellate Panel for the 1st Circuit ruled that 362(c)(3)(A), which provides that where a case is filed within a year of dismissal of an earlier case the stay is terminated 30 days after commencement unless extended by motion within that time,...
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1st circuit In Re: Christine H. Lazarus (01/09/07 – No. 06-1982) Refusal to set aside a mortgage in a bankruptcy proceeding is vacated and remanded where: 1) there was a preferential transfer under 547(b) and 2) the transferred mortgage was not rescued from avoidance by any exception to articulated in 547(c). 7th circuit In Re:...
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Creditor’s Comm. of Jumer’s Castle Lodge, Inc. v. Jumer (01/03/07 – No. 06-1862) Summary judgment for defendant in suit to set aside transaction that plaintiff-creditor claimed was fraudulent is affirmed where plaintiff did not create a genuine issue of material fact concerning the value exchanged in that transaction. Boyer v. Belavilas (01/05/07 – No. 05-2764)...
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In re Vagi, Sr. 351 B.R. 881 (Bkrtcy.N.D.Ohio 2006) (Woods, Bankruptcy J.) anti-bifurcation provision of BAPCPA prevents cramdown of car purchased for non-debtor spouse debtor not permitted to cram down debt in chapter 13 plan — court holds auto purchased for use of debtor’s non-filing spouse was still effectively purchased for personal use. ________________________ In...
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