Ritchie Capital Mgmt. LLC v. Stoebner
Mar
10
2015
Ruling
Transfer of trademarks to corporate insider of debtor for which proceeds were diverted to Ponzi scheme rather than to debtor held to be fraudulent.
Issue(s)
Did the bankruptcy court properly avoid the transfer of debtor Polaroid's trademarks, in exchange for loans, the proceeds of which were never received by debtor but rather by other companies similarly owned by Ponzi scheme operator Tom Petters?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Agri Star Meat & Poultry LLC v. Nevel Props. Corp. (In re Nevel Props. Corp.)
Aug
28
2014
Ruling
Contract involving well deemed rejected.
Issue(s)
Whether acquirer of a former debtor company's assets had any rights to a well located on land owned by the current debtor pursuant to an agreement between the former and current debtors?
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Court
:
Judge or Jurisdiction information not available
Sears v. U.S. Trustee (In re AFY)
Oct
23
2013
Ruling
Appeals of sale order by shareholders of S corporation that had not objected to terms of sale of estate property properly dismissed.
Issue(s)
Did bankruptcy court err in dismissing appeals of sale orders by shareholders of S corporation.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Treadwell v. Glenstone Lodge Inc. (In re Treadwell)
Mar
09
2011
Ruling
Bankruptcy appellate panel erred in reversing finding of nondischargeability by making factual findings on imputed fraud issue not decided by bankruptcy court.
Procedural posture
Appellee Chapter 7 debtors, husband and wife, sought to avoid appellant judgment creditor's lien on the debtors' home, and the creditor counterclaimed for nondischargeability under 11 U.S.C.S. § 523(a)(2)(A). The bankruptcy court found that the debt was dischargeable. The United States Bankruptcy Appellate Panel (BAP) for the Eighth Circuit affirmed as to the husband and reversed as to the wife. The creditor appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Carpenter v. Ries (In re Carpenter)
Jul
30
2010
Ruling
Lump sum social security benefits payment properly excluded from estate by bankruptcy court.
Procedural posture
In appellee debtor's chapter 7 case, appellant bankruptcy trustee objected to exemption from the bankruptcy estate under 42 U.S.C.S. § 407 of a lump sum Social Security benefits payment. The bankruptcy court sustained the trustee's objection. The Bankruptcy Appellate Panel for the Eighth Circuit (BAP) reversed, and the trustee appealed.
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Court
:
Judge or Jurisdiction information not available
- 28 U.S.C.
Zahn v. Fink (In re Zahn)
May
22
2008
Ruling
Confirmation of second amended chapter 13 plan over debtor's objection was a final appealable order.
Procedural posture
Appellant chapter 13 bankruptcy debtor challenged the Bankruptcy Appellate Panel for the Eighth Circuit's dismissal of her appeal, which challenged a bankruptcy court order confirming her second amended chapter 13 plan. The debtor asserted that the bankruptcy appellate panel (BAP) erred when it held that she lacked standing to prosecute her appeal because she was not aggrieved by the bankruptcy court's confirmation order.
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Court
:
Judge or Jurisdiction information not available
United Sates v. Holthaus
May
25
2007
Ruling
Restitution and prison sentence upheld for debtor's fraudulent failure to schedule $8,000 in assets and $36,000 inheritance.
Procedural posture
Defendant sought review of a sentence imposed by the District Court for the Northern District of Iowa after defendant pled guilty to knowingly and fraudulently making a false declaration or statement in connection with his bankruptcy petition, in violation of 18 U.S.C. § 152(3). The sentence included prison time and a mandatory restitution of $8,093, pursuant to the Mandatory Victims Restitution Act ("MVRA"), 18 U.S.C. § 3663A.
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- 11 U.S.C.
Roberts v. Pierce (In re Pierce)
Jan
25
2006
Ruling
Order regarding proof of claim was affirmed since the bankruptcy court did not abuse its discretion in setting the particularities of notice procedure, including not conducting an evidentiary hearing.
Procedural posture
Appellant claimant challenged an order of the district court, which affirmed a bankruptcy court's order granting in part and disallowing in part a proof of claim against appellee debtor without holding an evidentiary hearing in a voluntary chapter 13 bankruptcy proceeding.
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- FRBP
Roberts v. Pierce (In re Pierce)
Jan
25
2006
Ruling
Order regarding proof of claim was affirmed since negative notices are permissible under the Code.
Procedural posture
Appellant claimant challenged an order of the district court, which affirmed a bankruptcy court's order granting in part and disallowing in part a proof of claim against appellee debtor without holding an evidentiary hearing in a voluntary chapter 13 bankruptcy proceeding.
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