§ 544

Howard, In re--Westenhoefer v. Vanderbilt Mortg. & Fin., Inc.

Ruling: 
Trustee was not entitled to avoid creditor’s lien on debtor's manufactured home as the creditorhad already perfected the lien. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on December 14,2018, LexisNexis #0219-063

Fuhrman, In re--Fuhrman v. Wilmington Savings Fund Soc'y

Ruling: 
Debtor was not a bona fide purchaser of the subject property as he had constructive notice of the mortgage despite incorrect legal description. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on December 18,2018, LexisNexis #0119-097

Conley, In re--United States Tr. v. Conley

Ruling: 
Action seeking avoidance was subject to dismissal as debtors' purchase and mortgage deeds were still pending recordation. (Bankr. D.P.R.)
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Consumer case opionion summary, case decided on December 14,2018, LexisNexis #0119-098

Casanova, In re

Ruling: 
Action seeking avoidance was subject to dismissal as debtors' purchase and mortgage deeds were still pending recordation. (Bankr. D.P.R.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on December 18,2018, LexisNexis #0119-098

Gaither, In re--Vieira v. Gaither

Ruling: 
Section 544(b) permitted trustee to step into the shoes of the IRS and employ the Federal Debt Collection Procedures Act to avoid transfer of disclaimed settlement proceeds to defendants. (Bankr. D.S.C.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on November 30,2018, LexisNexis #0119-043

Teltronics, Inc., In re

Ruling: 
Judgment affirmed where bankruptcy court properly denied trustee's Daubert motion as he failed to prove that debtor was insolvent at the time of the transfer. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on October 02,2018, LexisNexis #1118-076

Woodbridge Grp. of Cos., LLC, In re--De La Rochelle v. In re Woodbridge Grp. of Cos., LLC

Ruling: 
Claim dismissed as even if the plaintiffs could establish a right for imposition of a constructive trust or equitable lien against debtor's property, the debtor could avoid any such equitable interest pursuant to the strong-arm powers of the bankruptcy code. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on October 05,2018, LexisNexis #1118-077

Alpha Protective Servs., In re--Gordon v. Rogich

Ruling: 
Pre-petition payment could not be avoided as the trustee met its burden in establishing that debtor was insolvent at the time of the transfer but failed to show that defendant had reasonable cause to believe debtor was insolvent. (Bankr. M.D. Ga.)
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Commercial case opionion summary, case decided on October 12,2018, LexisNexis #1118-078

Neri Bros. Constr. Corp., In re--O'Neil v. New England Road, Inc.

Ruling: 
Defendants were liable for damages resulting from constructive and intentional fraudulent transfers as leases of equipment were transfers of debtor's rights in personal property without receipt of reasonably equivalent value and transfers were made while debtor was insolvent. (Bankr. D. Conn.)
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Commercial case opionion summary, case decided on September 27,2018, LexisNexis #1118-049

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