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§ 544

DeGiacomo v. First Call Mortg. Co. (In re Reznikov)

Ruling: 
Mortgage that did not give constructive notice to subsequent purchasers for value could be avoided.
ABI Membership is required to access the full summary of DeGiacomo v. First Call Mortg. Co. (In re Reznikov). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 29,2016, LexisNexis #0416-085

Grossman v. Bonefant (In re Bonefant)

Ruling: 
Fraudulent transfers could be avoided but could be recovered only to the extent not repaid prior to the petition date.
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Consumer case opionion summary, case decided on March 29,2016, LexisNexis #0416-089

Fangio v. DivLend Equip. Leasing LLC (In re AJAX Integrated LLC)

Ruling: 
Creditor that had adequate remedy at law and had lacked due diligence in pursuing claim denied equitable remedy that would defeat trustee's avoidance powers.
ABI Membership is required to access the full summary of Fangio v. DivLend Equip. Leasing LLC (In re AJAX Integrated LLC). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on March 23,2016, LexisNexis #0416-084

Kelley v. Associated Bank (In re Petters Co.)

Ruling: 
Ponzi scheme presumption could not serve as basis for holding that transfers to bank to cover overdrafts were fraudulent.
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Consumer case opionion summary, case decided on February 29,2016, LexisNexis #0416-022

In re Smith

Ruling: 
Trustee's objection to claimed exemption in tax refund held by debtors as entireties property overruled.
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Consumer case opionion summary, case decided on February 18,2016, LexisNexis #0316-060

Reinbold v. Thorpe (In re Thorpe)

Ruling: 
Trustee could not avoid transfer of debtor's marital residence to former spouse.
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Consumer case opionion summary, case decided on February 11,2016, LexisNexis #0316-023

Sikirica v. Wettach (In re Wettach)

Ruling: 
Bankruptcy court properly found transfers to be constructively fraudulent.
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Consumer case opionion summary, case decided on January 20,2016, LexisNexis #0216-086

Stoebner v. Opportunity Fin. LLC (In re Polaroid Corp.)

Ruling: 
Trustee could not avoid transfers by companies owned by debtor's owner but that were not currently in bankruptcy.
ABI Membership is required to access the full summary of Stoebner v. Opportunity Fin. LLC (In re Polaroid Corp.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on January 14,2016, LexisNexis #0216-085

Cables Enter. LLC v. Dunn (In re Cables Enter. LLC)

Ruling: 
Creditor's security interest in debtor's excavator could not be avoided but could be reduced by damages sustained while the excavator was in creditor's possession.
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Commercial case opionion summary, case decided on December 21,2015, LexisNexis #0116-058

Caillouet v. Robinson (In re Robinson)

Ruling: 
Trustee could not avoid mortgage in favor of debtors' relative that was subsequently transferred to LLC owned by irrevocable trust in favor of debtors' children.
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Consumer case opionion summary, case decided on November 12,2015, LexisNexis #0116-026

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