IIG Global Trade Fin. Fund Ltd., In re--IIG Global Trade Fin. Fund Ltd. v. Int’l Inv. Grp
Nov
08
2024
Ruling
Safe harbor for transfers in connection with a securities transaction did not attach to claims based on state law that had no relation to bankruptcy law. (Bankr. S.D.N.Y.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.
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Court
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FTX Trading Ltd., In re--Alameda Rsch. Ltd. v. Giles
Oct
23
2024
Ruling
Motions to dismiss fraudulent transfer claims denied as lack of details on transfer logistics precluded application of the safe harbor for transfers in connection with a securities contract. (Bankr. D. Del.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.
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Court
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Liberty Bridge Cap. Mgmt. GP, LLC, In re
Sep
24
2024
Ruling
Transferee was protected from avoidance even if it failed to conduct a preliminary, diligent inquiry as there were no suspicious facts surrounding the transfer that would reflect the debtor's fraudulent intent or imminent insolvency. (Bankr. S.D.N.Y.)
Issue(s)
Limitations on Avoiding Powers; Seller's Right of Reclamation.
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Court
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Petr v. BMO Harris Bank N.A.
Mar
15
2024
Ruling
District court did not err in dismissing appellant's fraudulent transfer complaint as precludedpursuant to the safe harbor. (7th Cir.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.
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Judge or Jurisdiction information not available
Securities Inv. Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC
Mar
28
2023
Ruling
Madoff trustee sufficiently pled the initial transferees had actual knowledge that the debtor was not trading securities, which made the safe harbor inapplicable. (Bankr. S.D.N.Y.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.
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Court
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Quorum Health Corp., In re--Golden v. Cmty. Health Sys.
Mar
16
2023
Ruling
Dismissal of claims seeking avoidance of a spin-off dividend was warranted as the transfer was protected by safe harbor provisions. (Bankr. D. Del.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.
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Court
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Quorum Health Corp., In re--Golden v. Cmty. Health Sys.
Mar
16
2023
Ruling
Dismissal of claims seeking avoidance of a spin-off dividend was warranted as the transfer was protected by safe harbor provisions. (Bankr. D. Del.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.
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Court
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- 11 U.S.C.
1960 Fam. Practice, P.A., In re--Engelhart v. Le Nguyen
Mar
07
2023
Ruling
The order of dismissal was effectively with prejudice to refiling as the two-year limitations period to file claims had run. (Bankr. S.D. Tex.)
Issue(s)
Limitations on Avoiding Powers; Statute of Limitations; Later Than Measurement; Two Years After Order For Relief.
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Court
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American Purchasing Servs., In re
Nov
21
2022
Ruling
Chapter 7 trustee's request to extend his statutory deadlines to commence certain actions wasdenied as he failed to demonstrate sufficiently egregious actions by the litigation targets toobtain extraordinary relief. (Bankr. S.D. Fla.)
Issue(s)
Limitations on Avoiding Powers; Statute of Limitations.
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Securities Inv. Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC
Nov
18
2022
Ruling
Dismissal of trustee's suit to recover subsequent transfers consisting of debtor's customers'property was not warranted as the complaint sufficiently alleged personal jurisdiction. (Bankr.S.D.N.Y.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.
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Court
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