§ 544

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

Guiles, In re--Guiles v. Randolph Brooks Fed. Credit Union

Ruling: 
Trustee's complaint to avoid lien was denied as creditor's lien is perfected under the TexasCertificate of Title Act and the Texas Business and Commerce Code. (Bankr. W.D. Tex.)
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Consumer case opionion summary, case decided on October 11,2017, LexisNexis #1117-084

Murphy, In re--Lubin v. Murphy

Ruling: 
Trustee could avoid the transfer as there was no actual or constructive notice to the trustee ofthe transfer of the security deed to the defendant. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on October 13,2017, LexisNexis #1117-085

Mullis, In re

Ruling: 
Debtor's objection to the claim denied as policy met the definition of non-filing insurance thus, claimant was not required to include the premium as a finance charge. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on July 26,2017, LexisNexis #0917-051

Henshaw, In re--Field v. Henshaw

Ruling: 
Trustee was entitled to summary judgment as trustee's bona fide purchaser status cut off defendants' reformation claim. (Bankr. D. Haw.)
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Consumer case opionion summary, case decided on June 19,2017, LexisNexis #0717-108

Scott, In re--Scott v. Am. Sec. Ins. Co.

Ruling: 
Chapter 13 debtor did not have standing to exercise trustee's avoidance powers. (Bankr.S.D.N.Y.)
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Consumer case opionion summary, case decided on June 13,2017, LexisNexis #0717-074

Wright, In re

Ruling: 
Bankruptcy court erred by holding that the trustee did not abandon the personal injury claim where no court order preserved the claim as an asset remaining with the trustee prior to the closing of the case. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on April 17,2017, LexisNexis #0517-101

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