- 11 U.S.C.
Invs. I, LLP
May
23
2017
Ruling
Debtor entitled to recover from lessor as debtor received less than reasonable value whenlessor cancelled its obligation to pay rent and taxes. (Bankr. E.D. Wis.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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Court
:
- 11 U.S.C.
Lyondell Chem. Co., In re--Weisfelner v. Blavatnik
Apr
21
2017
Ruling
Trustee could not succeed in fraudulent transfer claim as he was unable to show that the former CEO, or anyone else, intentionally sabotaged the combined company with baseless financial projections. (Bankr. S.D.N.Y.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.
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Court
:
- 11 U.S.C.
Lewis, In re--Eisenberg v. Pa. State Univ.
Apr
07
2017
Ruling
Trustee could not recover funds from Pennsylvania State University as the proceeds of the Parent Plus loans were never in the debtor's property, were never in his possession or control, and were never remotely available to pay the creditors. (Bankr. E.D. Pa.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers.
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Court
:
- 11 U.S.C.
Wiggains, In re--Appling v. Lamar, Archer & Cofrin, LLP
Feb
14
2017
Ruling
Bankruptcy court's assesment that the partition agreement between the debtor and his spousewas a fraudulent transfer affirmed because there was a direct evidence of debtor's actual intentto hinder or delay. (5th Cir.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Actual Intent to Hinder, Delay, or Defraud.
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Court
:
( Judge Southwick ) [ Circuit Court ]
- 11 U.S.C.
Schroeder, In re--Silagy v. Schroeder
Feb
14
2017
Ruling
Trustee's motion for summary judgment granted as debtor's transfer of entire balance of jointsavings with his ex-wife was made with actual intent to defraud creditors. (Bankr. N.D. Ohio)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Actual Intent to Hinder, Delay, or Defraud.
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Court
:
- 11 U.S.C.
Pirzada, In re
Feb
06
2017
Ruling
Debtor's motion to set aside a foreclosure sale was denied as he did not allege that the foreclosing beneficiary failed to comply with state law in its conduct of sale. (Bankr. C.D. Cal.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.
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Court
:
- 11 U.S.C.
Dunston, In re--Roach v. Skidmore Coll.
Jan
31
2017
Ruling
Trustee could not avoid transfers made by the debtor to defendant college as he failed todemonstrate that a genuine issue of material fact exists as to each element of his fraudulenttransfer claims. (Bankr. S.D. Ga.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.
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Court
:
- 11 U.S.C.
Sandburg Mall Realty Mgmt. LLC, In re--Reinbold v. Kohansieh
Jan
31
2017
Ruling
Trustee's avoidance action was subject to dismissal as the transfers occurred prior to the twoyearlookback period. (Bankr. C.D. Ill.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers.
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Court
:
- 11 U.S.C.
Tomberlin, In re--Carin v. Wall & Assocs.
Jan
30
2017
Ruling
Defendant's motion to compel arbitration granted as the fraudulent transfer claim isessentially an extension of the breach of contract claim, thus enforcing arbitration does notinherently conflict with the underlying purposes of the bankruptcy code. (Bankr. M.D. Ala.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.
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Court
:
- 11 U.S.C.
Lefoldt v. Patel (In re S&P Enters., LLC)
Jan
04
2017
Ruling
Transfers of funds from debtor were avoidable because admissions showed that fundwithdrawals by defendant were fraudulent. (Bankr. S.D. Miss.)
Issue(s)
Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers.
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Court
: