Recently in Bankruptcy Law Category

In an action against Plaintiff's creditors claiming that they conspired to wrongfully enforce a turn over order issued by a Bankruptcy Court in proceedings relating to Plaintiff's bankruptcy petition, the dismissal of the complaint is affirmed where Plaintiff failed to obtain leave of the Bankruptcy Court before filing his complaint.

Read Lawrence v. Goldberg, No. 08-11034

Appellate Information

Filed July 10, 2009

Judges

Opinion by Judge Dubina

In an appeal from the Bankruptcy Court's order voiding a payment made by the Debtor to Plaintiff as a preferential transfer, the order is affirmed where the payments, which were made from the Debtor's other credit card accounts for debt consolidation purposes, constituted "transfer[s] of an interest of the debtor in property" under 11 U.S.C. section 547(b).

Read the full decision in Bank of America, N.A. v. Mukamai, No. 08-15958.

Appellate Information:

Appeal from the United States District Court for the Southern District of Florida
D.C. Docket Nos. 08-21730-CV-ASG, 07-01532 BKC-LM
Opinion filed on June 18, 2009

Judges:

Before MARCUS and PRYOR, Circuit Judges, and SCHLESINGER, District Judge. Honorable Harvey E. Schlesinger, United States District Judge for the Middle District of Florida, sitting by designation.

Opinion by SCHLESINGER, District Judge.

In an appeal from the Bankruptcy Court's order allowing the Trustee to use his strong arm power to avoid the lien created by Debtor's security deed, the order is reversed where the affidavit submitted by the closing attorney attested to the execution of the security deed at issue.

Read the full decision in In re Kim, No. 08-16105.

Appellate Information:

Appeal from the United States District Court for the Northern District of Georgia
Filed June 17, 2009

Judges:

Before WILSON, KRAVITCH and ANDERSON, Circuit Judges.

Opinion by ANDERSON, Circuit Judge.