§ 544

New Eng. Confectionary Co., In re

Ruling: 
Motion to dismiss denied where trustee had standing to assert a mere instrumentality claimunder 11 U.S.C. § 544(a)(1). (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on July 19,2019, LexisNexis #0919-039

Mercado, In re--Miranda v. Banco Popular De P.R.

Ruling: 
Chapter 7 trustee's avoidance complaint was dismissed as unrecorded mortgage was not avalid transfer of property. (B.A.P. 1st Cir.)
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Consumer case opionion summary, case decided on April 17,2019, LexisNexis #0719-018

Runnymede Capital Mgmt., In re

Ruling: 
Bank's motion to dismiss trustee's complaint was denied as trustee adequately stated aplausible claim under applicable law that transfers of an interest occurred. (Bankr. W.D. Va.)
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Commercial case opionion summary, case decided on February 22,2019, LexisNexis #0419-062

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

Ruling: 
Lack of a "reachback" provision was not a hindrance to trustee claiming an interest in proceedsthat arose pre-petition. (9th Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on March 11,2019, LexisNexis #0419-061

Trinity 83 Dev. v. Colfin Midwest Funding

Ruling: 
Mortgagee retained its original rights as the release was a unilateral error that could berectified unilaterally. (7th Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on March 01,2019, LexisNexis #0419-035

Ts Empl., In re

Ruling: 
Trustee entitled to recover fees paid to creditor as constructive fraudulent transfers under statelaw. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on February 28,2019, LexisNexis #0419-036

Titus, In re--Shearer v. Titus

Ruling: 
District Court properly concluded that fraudulent-transfer liability attached to both debtorand spouse for the deposit of the attorney's wages from his law firm directly into theirentireties bank account. (3d Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on January 07,2019, LexisNexis #0419-016

Batten, In re

Ruling: 
Chapter 13 debtor did not have independent standing to assert a trustee's avoidance powersunder Chapter 5 of the bankruptcy code. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on February 22,2019, LexisNexis #0319-084

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

Ruling: 
Trustee's lien had priority pursuant to state law. (6th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on March 05,2019, LexisNexis #0519-017

In Cha Rim, In re

Ruling: 
Trustee's motion for entry of default judgment was granted as the allegations created a reasonable inference that debtor was insolvent at the time of the transfer. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on March 08,2019, LexisNexis #0419-087

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