Cadle Co. v. Fletcher

(United States Second Circuit) – In an action claiming fraudulent transfer of assets, the district court’s grant of summary judgment to plaintiff and denial of defendant’s motion for summary judgment are affirmed where Conn.Gen. Stat. sections 52‐361a and 52‐367b do not exempt a judgment debtor’s post‐garnishment residual wages from further execution to the Connecticut Supreme Court.

Khan v. Barton

(United States Ninth Circuit) – In a bankruptcy case that was converted to Chapter 13 from Chapter 7, the bankruptcy court’s judgment is affirmed where: 1) a creditor’s claims were not subordinated because the creditor’s claims did not arise out of a purchase or sale of securities, but rather were based upon a judgment entered against the debtors on account of their actions in fraudulently converting the creditor’s stock; and 2) the bankruptcy court did not clearly err when it found bad faith and did not abuse its discretion when it converted debtors’ Chapter 13 bankruptcy proceedings to Chapter 7 proceedings.

Birmingham v. PNC Bank, N.A.

(United States Third Circuit) – In a Chapter 13 voluntary bankruptcy case, the district court’s determination, that the provisions of debtor’s Deed of Trust does not allow debtor to bifurcate is affirmed, where reference in the Deed of Trust to escrow funds, insurance proceeds, or miscellaneous proceeds constitutes incidental property for purposes of 11 U.S.C. section 1322(b)(2), which entitles mortgagor-defendant to anti-modification protection under section 1322(b)(2).