Reynolds, In re
Aug
20
2025
Ruling
Transfer avoided as fraudulent as it rendered debtor insolvent and was for less than reasonably equivalent value. (Bankr. E.D.N.Y.)
Issue(s)
Exemptions; Avoidance of Certain Transfers by Debtor.
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Court
:
Killings, In re--Killings v. Huntington Nat'l Bank
Apr
08
2024
Ruling
Transfer at issue was the bank mortgage and as the debtor voluntarily executed the mortgagewith the bank, he could not avoid the lien. (Bankr. S.D. Ohio)
Issue(s)
Exemptions; Avoidance of Certain Transfers by Debtor.
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Court
:
Wright, In re--Wright v. Trystone Cap. Assets, LLC
May
18
2023
Ruling
Debtor was only allowed to avoid and recover a tax sale foreclosure to the extent of his exemption in the property and could not derivatively assert Chapter 13 trustee’s avoiding powers. (Bankr. D.N.J.)
Issue(s)
Exemptions; Avoidance of Certain Transfers by Debtor.
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:
Judge or Jurisdiction information not available
Wright, In re--Wright v. Trystone Cap. Assets, LLC
Mar
29
2023
Ruling
Debtor's recovery in fraudulent transfer proceeding was limited to the amount of his exemption in the property. (Bankr. D.N.J.)
Issue(s)
Exemptions; Avoidance of Certain Transfers by Debtor.
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Judge or Jurisdiction information not available
Acuna, In re--Acuna v. Ill. Dep't of Revenue
Oct
27
2022
Ruling
Trustee's rights as a judicial-lien creditor rendered the IRS' unfiled tax lien not valid againstthe bankruptcy estate, but that did not extend to the debtor exercising the trustee's rights.(Bankr. W.D. Wis.)
Issue(s)
Exemptions; Avoidance of Certain Transfers by Debtor.
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Court
:
Elliott v. Pac. Western Bank
Aug
12
2020
Ruling
Perfected lien on the debtor's IRA funds was not voidable as the lien did not impair aninterest in his property on the date he filed his Chapter 7 bankruptcy petition. (9th Cir.)
Issue(s)
Exemptions; Avoidance of Certain Transfers by Debtor.
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Judge or Jurisdiction information not available
Beird, In re
May
02
2018
Ruling
Court ruled that debtor may not pursue a transfer unless the trustee does not attempt to avoidthe transfer. (Bankr. W.D. Wash.)
Issue(s)
Exemptions; Avoidance of Certain Transfers by Debtor.
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Court
:
Kalesnik, In re--Kalesnik v. HSBC Bank USA, N.A.
Jul
11
2017
Ruling
Chapter 13 debtors do not have a standing to exercise a trustee's avoidance power outside theconfines of § 522(h). (Bankr. D. Mass.)
Issue(s)
Exemptions; Avoidance of Certain Transfers by Debtor.
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Court
:
Holloway v. VA (In re Holloway)
Dec
03
2015
Ruling
Veterans Administrations' recoupment of allegedly exempt disability overpayments within 90 days prior to petition date was not an avoidable preference.
Issue(s)
Could debtor recover funds garnished by the Veterans Administration from debtor's active military pay to recoup overpayment of disability benefits?
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Court
:
Pierce v. Collection Assocs.
Mar
09
2015
Ruling
Debtor could not avoid prepetition garnishments of less than $600 dollars.
Issue(s)
Could preference period wage garnishment of less than $600 be avoided?
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Court
:
Judge or Jurisdiction information not available