Skip to main content

Page Banner(Taxonomy)

judge boggs

Tyler v. DH Capital Mgmt.

Ruling
Fair Debt Collection Practices Act and usury claims accrued prepetition and were property of the estate.
Issue(s)
Were debtor's prepetition Fair Debt Collection Practices Act and state usury claims properly dismissed as properly belonging to the estate.

ABI Membership is required to access the full summary of Tyler v. DH Capital Mgmt. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on October 22, 2013 , LexisNexis #1113-051

Onkyo Eur. Electronics GMBH v. Global Technovations Inc. (In re Global Technovations)

Ruling
Decision that debtor's purchase that rendered it insolvent was void affirmed as based on proper valuation.
Procedural posture

Appellant seller sought judicial review of the decision by the United States District Court for the Eastern District of Michigan at Detroit affirming a bankruptcy court's finding that the debtor's purchase of a company from the seller was a fraudulent, voidable transaction. The Florida Uniform Fraudulent Transfer Act was applicable law under the bankruptcy code because the debtor had its principal place of business in Florida.

ABI Membership is required to access the full summary of Onkyo Eur. Electronics GMBH v. Global Technovations Inc. (In re Global Technovations) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on September 13, 2012 , LexisNexis #1012-035