In-Depth Info: Bankruptcy

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Case Summaries

[09/14] In Re: CWS Enterprises
Affirming the judgment of the state court confirming the arbitration award of contingency fees in the case of a party who sought to avoid the judgment by creating spinoff companies and entering into bankruptcy proceedings where the bankruptcy court's use of the lodestar method to determine the reasonableness of the attorney fees claimed because the contract that provided for these fees was not unreasonable or unconscionable.

[08/31] In Re DBSI, Inc.
Affirming decisions by the bankruptcy court and district court that the Congress had unambiguously abrogated sovereign immunity as it relates to actions associated with bankruptcy, an abrogation that extends to derivative 'applicable laws' such as Idaho's Uniform Fraudulent Transfer Act and the government could not rely on sovereign immunity to prevent the avoidance of the tax payments at issue.

[08/29] BRE DDR BR Whittwood CA LLC v. Farmers and Merchants Bank of Long Beach
Reversing a trial court summary judgement for the landlord in an action to recover rents from a lender that had received the interest in property held by a tenant in foreclosure that argued it should only pay the amount owed for the period in which they were in possession and the court agreed that the purchase of the leasehold in the case, identified in a deed of trust by reference to a lease, did not constitute an express agreement to assume the obligations of the lease.

[08/25] Rezende v. Ocwen Loan Servicing, LLC
Affirming a district court judgment on the pleadings for the defense because a mortgagor lacks standing to bring a quiet title action as long as the mortgage remains in effect, the court correctly found some claims time-barred, while other claims lacked support for conclusory assertions, among other procedural defects.

[08/24] DZ Bank Agdeutsche Zentral-Genossenschaft Bank v. Meyer
Reversing the district court's decision affirming a bankruptcy court judgment in favor of the creditor in a proceeding where they alleged that the debtors fraudulently transferred assets in order to place them out of the creditor's reach because although actual fraud occurred the bankruptcy court erred in limiting relief to the value of assets directly traceable to the creditor's security interest and holding that they could recover the full amount they would have been able to recover if they had been able to execute against the debtor's ownership interest in a closely-held corporation to which the debtor transferred the assets.

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