§ 544

Orton, In re--Jones v. Orton

Ruling: 
Court determined that transfer was avoidable as it was made within the requisite two year period and debtors were insolvent at the time of the transfer. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on March 27,2018, LexisNexis #0518-102

Jaghab, In re--Thaler v. GJ & JF Realty Holdings, Inc.

Ruling: 
Court ruled that debtor's estate owned 50 percent of the shares of the company free of any lien or claim as defendant never perfected his interest in those shares. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on April 16,2018, LexisNexis #0518-103

Brannon, In re--Pettie v. Brannon

Ruling: 
Trustee was entitled to avoid a transfer as the divorce decree awarding the house to debtor's former spouse had not been recorded and a lis pendens was not filed. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on April 05,2018, LexisNexis #0518-104

Montreal, Maine & Atlantic Railway, Ltd., In re--Keach v. Wheeling & Lake Erie Railway Co.

Ruling: 
Court concluded that the proceeds of a multi-million-dollar sale of railroad lines did not constitute property of the bankruptcy estate as the lines were not assets that belonged outright to the debtor prior to consummation of the relevant transactions. (1st Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on April 18,2018, LexisNexis #0518-105

Adamo, In re--Pergament v. Hofstra Univ.

Ruling: 
Prepetition tuition payments made by debtor for his children were not avoidable as the universities' electronic system was merely holding the funds on behalf of the student account holders. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on March 28,2018, LexisNexis #0518-046

Oakes, In re--Oakes v. PNC Mortg. Co.

Ruling: 
Court deemed that the constructive notice provision of Ohio Revised Code § 1301.401 did notdefeat the trustee's powers as a hypothetical judicial lien creditor. (6th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on February 06,2018, LexisNexis #0318-075

Int'l Mfg. Grp., Inc., In re--McFarland v. Battle Creek State Bank

Ruling: 
The plan administrator could not support its claim of applying the doctrine ofunenforceability of illegal contracts in order to defeat a for value defense, when in this case,the mere receipt of timely monthly payments from someone other than the debtor cannot beconstrued as warranting an inquiry notice to the bank. (Bankr. E.D. Cal.)
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Commercial case opionion summary, case decided on February 07,2018, LexisNexis #0318-076

Vorhes, In re--Sergeant v. B & E Vorhes Trust

Ruling: 
Trustee may avoid transfer as court found that debtor transferred the vehicles and equipment with actual intent to hinder, delay, or defraud his creditors. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on December 20,2017, LexisNexis #0118-107

Pettit Oil Co., In re--IPC (USA), Inc. v. Ellis

Ruling: 
Bankruptcy court's judgment in favor of trustee was affirmed as the trustee had superior interest in the claim. (B.A.P. 9th Cir.)
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Commercial case opionion summary, case decided on October 23,2017, LexisNexis #1217-109

Heritage Real Estate Inv., Inc, In re--Smith v. Dynasty Grp., Inc.

Ruling: 
Trustee may avoid quitclaim deed as the deed was not recorded before the debtor declaredbankruptcy. (Bankr. S.D. Miss.)
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Commercial case opionion summary, case decided on October 17,2017, LexisNexis #1117-105

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