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§ 544

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

Dahlin, In re--Sommers v. Dale

Ruling: 
Trustee's motion for summary judgment granted where trustee was a bona fide purchaser and did not have constructive or inquiry notice of defendants' interest in the property before debtor filed her bankruptcy petition. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on August 28,2018, LexisNexis #1018-051

McCowan, In re

Ruling: 
Trustee's objection to claim contesting the secured status of a bank was allowed as trustee canassert his strong-arm rights under § 544 defensively without being bound by the timerestrictions found in § 546. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on August 24,2018, LexisNexis #1018-018

McCowan, In re

Ruling: 
Trustee's objection to claim contesting the secured status of a bank was allowed as trustee canassert his strong-arm rights under § 544 defensively without being bound by the timerestrictions found in § 546. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on August 24,2018, LexisNexis #1018-018

Rivera, In re--Wiscovitch v. Banco Popular De P.R.

Ruling: 
Bank's security interest was unavoidable where debtor's savings account was subject to the bank's lien because the bank had a perfected security interest in the debtor's savings account. (Bankr. D.P.R.)
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Consumer case opionion summary, case decided on August 02,2018, LexisNexis #0918-053

Isaacs, In re--Isaacs v. DBI-ASG Coinvestor Fund, III, LLC

Ruling: 
Debtor had derivative standing to pursue a strong-arm claim as § 544(a) rights are granted anew each time the debtor files for bankruptcy. (6th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on July 18,2018, LexisNexis #0818-107

Goodrich Petroleum Corp., In re--Fallon Family, L.P. v. Goodrich Petroleum Corp.

Ruling: 
Court ruled that the integration of the promissory note and lease ratification into theunrecorded settlement agreement would not put a hypothetical bona fide purchaser on noticeof the terms of the settlement agreement. (5th Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on June 27,2018, LexisNexis #0818-016

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