Tops Holding II Corp., In re--Halperin v. Morgan Stanley Investment Mgmt.
Oct
12
2022
Ruling
Dividends paid to investors for three years did not qualify as safe harbor transfers where therewas no qualifying transaction and no qualifying recipient had been identified. (Bankr.S.D.N.Y.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.
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Judge or Jurisdiction information not available
Sec. Inv. Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC
Sep
27
2022
Ruling
Any defendant who actually knew about the debtor’s Ponzi scheme was not entitled to theprotections of the safe harbor against trustee’s efforts to recover subsequent transfers. (Bankr.S.D.N.Y.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.
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Court
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Sec. Investor Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC
Sep
22
2022
Ruling
Defendants who actually knew that debtor was running a Ponzi scheme were not entitled tothe protections of the safe harbor. (Bankr. S.D.N.Y.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.
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Court
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BWGS, LLC, In re--Petr v. BMO Harris Bank, N.A.
Aug
18
2022
Ruling
Motion to dismiss avoidance proceeding denied as trustee pleaded the necessary elements forrecovery against the creditor under state law. (Bankr. S.D. Ind.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.
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Samson Res. Corp., In re--Kravitz v. Samson Energy Co., LLC
Aug
04
2022
Ruling
Petition date rather than transfer date determines when a party is a financial participant withrespect to the application of the safe harbor to redemption cash transfers. (Bankr. D. Del.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.
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Securities Inv. Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC
Jun
13
2022
Ruling
Safe harbor did not bar the avoidance of initial transfers given allegations that the feeder fundtransferee had actual knowledge that the debtor was not trading securities. (Bankr. S.D.N.Y.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.
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Court
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Hebert, In re--Kaler v. Hebert
Apr
22
2022
Ruling
Debtor's discharge was denied due to failure to disclose potentially preferential paymentsmade to her son or to establish that the payments were paid in the ordinary course ofbusiness. (Bankr. D.N.D.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.
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Judge or Jurisdiction information not available
Kelley v. Safe Harbor Managed Account 101, Ltd.
Apr
21
2022
Ruling
Transfers to feeder fund that qualified as a financial institution would be excepted fromavoidance if found to be made in connection with a securities contract on remand. (8th Cir.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.
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Matt Garton & Assocs., LLC, In re--Weinman v. Garton
Feb
14
2022
Ruling
Debtor's motion to dismiss denied as he could not bootstrap the new transactions to thetransfers in the original complaint after the expiration of the § 546(a) statute of limitations.(Bankr. D. Colo.)
Issue(s)
Limitations on Avoiding Powers; Statute of Limitations.
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Court
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450 S. Western Ave., LLC, In re--Philmont Mgmt. v. 450 S. Western Ave., LLC
Nov
23
2021
Ruling
Bankruptcy court did not err in dismissing the complaint as it found that plaintiff had nottimely perfected its lien under California law nor had it preserved its lien by filing a timelynotice. (B.A.P. 9th Cir.)
Issue(s)
Limitations on Avoiding Powers; Perfection of Interest in Property.
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Judge or Jurisdiction information not available