- 11 U.S.C.
Santiago Rodriguez, In re--Santiago Rodriguez v. Martinez
Jun
08
2017
Ruling
Avoidance of preferential transfer was time barred as the debtors had actual knowledge of alleged preferential transfer no later than 19 days before the closing of their case but failed to bring an avoidance action at that time. (Bankr. D.P.R.)
Issue(s)
Limitations on Avoiding Powers; Statute of Limitations; Time Case is Closed or Dismissed.
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Court
:
( Judge Godoy ) [ Bankruptcy Court ]
- 11 U.S.C.
ATP Oil & Gas Corp., In re--Tow v. Bulmahn
May
16
2017
Ruling
Trustee's amended avoidance claim dismissed because trustee's diligence alone could notsupport equitable tolling. (Bankr. S.D. Tex.)
Issue(s)
Limitations on Avoiding Powers.
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Court
:
- 11 U.S.C.
Avila, In re
Mar
21
2017
Ruling
Post-petition retention of debtor's vehicle did not violate automatic stay where a city's continued possession of the vehicle was an act to maintain perfection of its possessory statutory lien. (Bankr. N.D. Ill.)
Issue(s)
Limitations on Avoiding Powers; Perfection of Interest in Property; Nonbankruptcy Law; Maintenance or Continuance.
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Court
:
In re TVGA Eng'g, Surveying, PC
Dec
01
2016
Ruling
Safe harbor does not apply to payee where debtor’s bank was merely a substitute for cash.(Bankr. W.D.N.Y.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.
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Court
:
- 11 U.S.C.
In re Reichold Holdings US, Inc.
Aug
24
2016
Ruling
Reclamation claim allowed as superior to debtor in possession lender’s lien rights. (Bankr. D.Del.)
Issue(s)
Was reclamation claim subordinate to debtor in possession lender’s lien rights?
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Court
:
FTI Consulting, Inc. v. Merit Mgmt. Grp., LP
Jul
28
2016
Ruling
The safe harbor provision does not protect transfers conducted through a financial institutionas a conduit. (7th Cir.)
Issue(s)
Whether the safe harbor under 11 U.S.C.S. § 546(e) from avoidance of certain transfers by a bankruptcy trustee protected transfers that were simply conducted through financial institutions and other named entities, where the entity was neither the
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:
Judge or Jurisdiction information not available
Weisfelner v. Fund 1 (In re Lyondell Chem. Co.)
Jul
20
2016
Ruling
Trustee’s claims against debtor’s former shareholders were covered by the safe harborprovision. (Bankr. S.D.N.Y.)
Issue(s)
Should trustee’s claims against debtor’s former shareholders be stayed or dismissed?
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Court
:
- 11 U.S.C.
Rentas v. TRM LLC (In re Malavet)
May
31
2016
Ruling
Trustee's avoidance proceeding initiated more than two years after entry of order for relief dismissed as time barred.
Issue(s)
Was trustee's avoidance proceeding barred by the statute of limitations?
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Court
:
Kindred v. Gumbinner (In re Innovative Logistics Techniques Inc.)
May
31
2016
Ruling
Statute of limitations was tolled for trustee's proceeding to recover assets transferred by corporate debtor to family trust.
Issue(s)
Was trustee's fraudulent transfer proceeding preserved due to equitable tolling of the statute of limitations?
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Court
:
Deutsche Bank Trust Co. Ams. v. Large Private Beneficial Owners (In re Tribune Co. Fraudulent Conveyance Litig.)
Mar
29
2016
Ruling
Transfers were made to financial intermediaries as settlement payments in a securities transaction or is a transfer in connection with a securities contract and were protected from avoidance.
Issue(s)
Whether unsecured creditors are barred by the Bankruptcy Code's automatic stay provision from bringing state law, constructive fraudulent conveyance claims while avoidance proceedings against the same transfers brought by a party exercising the powers of a bankruptcy trustee on an intentional fraud theory are ongoing and, if not, whether the creditors' state law, constructive fraudulent conveyance claims are preempted by section 546(e).
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Court
:
Judge or Jurisdiction information not available