§ 548

Rieser v. Hayslip (In re Canyon Sys. Corp.)

Plaintiff chapter 7 trustee filed an adversary proceeding against several defendants, who were former investor clients of the debtor, seeking to avoid transfers from the debtor under both 11 U.S.C. § 548 and the Ohio Uniform Fraudulent Transfers Act ("UFTA") (exercising his "strong-arm" powers under 11 U.S.C. § 544(b)). The parties filed cross-motions for partial summary judgment.
Ruling: 
Transfers were deemed avoidable since they were made with actual intent to hinder, delay, or defraud creditors.
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In re Bryant

Debtors filed a motion to hold the IRS in contempt and impose sanctions for violating the discharge injunction of 11 U.S.C. § 524. The IRS moved to quash the debtors'motion.
Ruling: 
Court ordered the IRS to show cause why it should not be held in contempt for violating a discharge injunction by attempting postdischarge to collect trust fund taxes.
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Kapila v. WLN Family Ltd. Pship (In re LeNeve)

Plaintiff chapter 7 trustee, having established that debtor fraudulently operated numerous businesses as instrumentalities and alter egos of himself, completely disregarding the legal status thereof, sought to recover a total of $957,215 in purportedly fraudulent transfers received by defendant, an investor in debtor's schemes, pursuant to 11 U.S.C. § 548(a)(1)(A) and Fla. Stat. § 726.105(1)(a)
Ruling: 
Fraudulent transfer claims were dismissed since debtor received value in making transfers and was repaying investor with no shown fraudulent intent.
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Goldberg v. Countrywide Home Loans Inc. (In re Seaway Intl Transp. Inc.)

Plaintiff trustee filed an action against defendant bank alleging that payments that the debtors had made to the creditor, to make mortgage payments that were owed to the creditor by the debtors'principal owner, were fraudulent transfers that could be recovered for the benefit of the debtors'estates, pursuant to 11 U.S.C. §§ 544 and 548.
Ruling: 
Transfers were deemed not fraudulent since debtors received reasonably equivalent value by compensating their principal owner solely by making the owner's mortgage payments in exchange for the owner's services.
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Silverman v. Pauls Landmark Inc. (In re Nirvana Rest.)

Plaintiff, the chapter 7 trustee, commenced an adversary proceeding against defendant transferee to avoid, under New York law and 11 U.S.C. § 548(a), a guaranty given by debtor for the benefit of an affiliate, and to recover the rent payments made in connection with the guaranty. The matter was before the court for trial.
Ruling: 
Trustee was denied a motion to avoid a transfer of a guaranty under the Code and New York law since the trustee failed to show constructive fraudulence.
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French v. Liebmann (In re French)

In a debtor's chapter 7 proceeding, appellee trustee filed an adversary proceeding against appellant transferees to avoid the debtor's transfer of foreign property to the transferees. The bankruptcy court found the transfer to be constructively fraudulent under 11 U.S.C. § 548(a)(1)(B), and the District Court for the District of Maryland affirmed. The transferees appealed.
Ruling: 
Judgment that the debtors' transfer of foreign property was avoidable as constructively fraudulent was affirmed.
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In re Lary

Plaintiff chapter 7 trustee brought an adversary proceeding against defendant debtor's sister and her bankruptcy trustee pursuant to 11 U.S.C. § 548(a)(1)(B), seeking to avoid a fraudulent transfer and the return of a one-half undivided interest in real property that the chapter 7 debtor had transferred to the sister. The court held a trial.
Ruling: 
Trustee was allowed to avoid a transfer as fraudulent since the debtor had received less than a reasonably equivalent value for the property and became insolvent as a result of the tr ansfer.
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Manuel v. Walker (In re Zimmer)

The case was before the court upon plaintiff chapter 7 trustee's complaint against defendant transferees seeking to avoid and recover a transfer of real property pursuant to 11 U.S.C. § 548.
Ruling: 
Trustee was entitled to avoid property transfer since it was clear the parents of one of the debtors had intended to transfer more than bare legal title.
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Mangiulli v. Rameker (In re Mangiulli)

Pursuant to 11 U.S.C. § 548, plaintiff chapter 7 trustee filed an adversary proceeding complaint against defendant, a Wisconsin village, seeking to recover an alleged fraudulent conveyance made to the village by two chapter 7 debtors. The trustee appealed, pursuant to 28 U.S.C. § 158, after the bankruptcy court granted summary judgment to the village on his fraudulent conveyance claim.
Ruling: 
Property tax assessments were not reliable indication of market value in determining if conveyance was fraudulent.
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Kendall v. Turner (In re Turner)

Two adversary proceedings were consolidated for trial. In one action, plaintiff, the chapter 7 trustee, brought a fraudulent transfer action against defendants, debtor's former spouse, et al. In the second action, plaintiffs, two individuals who alleged conduct against debtor in another matter that was found by a jury to be tortious, filed an objection to discharge action. The proceedings were before the court for decision following trial.
Ruling: 
Home transfer was deemed an actually and constructively fraudulent transfer where the debtor set up alter ego companies to protect assets and defraud creditors.
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