Ninth Circuit Limits Bankruptcy Jurisdiction in Fraudulent Conveyance Cases

The Ninth Circuit Court of Appeals recently held that a bankruptcy judge does not have jurisdictional authority to enter a final judgment in a fraudulent conveyance action against a non-claimant to a bankruptcy estate.  See Executive Benefits Insurance Agency v. Arkison (In re Bellingham Insurance Agency, Inc.), No. 11-35162 (9th Cir. Dec. 4, 2012).   Such […]

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Not Every Fraud is a Ponzi Scheme???

The case of H. Jason Gold v. First Tennessee Bank, N.A. (In re Taneja),  Adversary Case No. 10-1225 (Bankr. E.D. Va. July 30 2012), concerns an elaborate fraud perpetrated by a mortgage broker, Financial Mortgage, Inc. (“FMI”), against various warehouse lenders, and a bankruptcy trustee’s later attempt to recover payments made by the mortgage broker to its innocent lenders as fraudulent conveyances. Facts […]

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Texas District Court Affirms Fees in Stellar Case

In an appeal in ASARCO LLC’s chapter 11 bankruptcy case, pending in the Southern District of Texas, the U.S. District Court recently affirmed the Bankruptcy Court’s award of a fee enhancement, a.k.a. a fee bump, to ASARCO‘s bankruptcy counsel, which had obtained “extremely favorable” results for the Debtor and its creditors.  See ASARCO LLC v. Baker Botts, L.L.P., Case No. 2:11-CV-290 (S.D.T.X. […]

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Barton Doctrine Provides Limited Protection to Trustees in Bankruptcy

The Third Circuit Court of Appeals recently held that a party seeking to sue a trustee in bankruptcy must still obtain permission from the appointing bankruptcy court, but only in instances when the trustee is being sued for acts in his official capacity and not in instances when the trustee is merely continuing the business affairs of the debtor’s […]

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Third Circuit Clarifies How to Value Collateral

In In re Heritage Highgate, Inc., No. 11-1889 (3d Cir. March 20, 2012), the Third Circuit Court of Appeals recently determined how bankruptcy courts should value collateral retained by a chapter 11 debtor in order to establish the amount of the creditor’s secured claim pursuant to section 506(a) of the Bankruptcy Code.  In doing so, the […]

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Brazos Emergency Physicians Assn. v. Woods (In re Brazos Emergency Physicians Assn.)

Appearing at Brazos Emergency Physicians Assn. v. Woods (In re Brazos Emergency Physicians Assn.). Via Volo 5th Circuit: Brazos Emergency Physicians Assn. v. Woods (In re Brazos Emergency Physicians Assn.) Citation: Brazos Emergency Physicians Association, P.A., et al. v. Patrick G. Woods, M.D., et al. (In re Brazos Emergency Physicians Association, P.A.), Case No. 11-50927 […]

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