- 11 U.S.C.
Johns v. Frye (In re Frye)
Dec
31
2015
Ruling
Transfers of real property and vehicle to debtors' son and daughter-in-law could be avoided as constructively fraudulent.
Issue(s)
Could trustee avoid prepetition transfers of real property and a vehicle the debtors made to their son and daughter-in-law as constructively fraudulent?
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Court
:
- 11 U.S.C.
Johns v. Brown (In re Fannon)
Dec
31
2015
Ruling
Transfers of vehicle, trailers, jet ski and camper to debtor's son could be avoided as constructively fraudulent.
Issue(s)
Could trustee avoid prepetition transfers of a motor vehicle, two trailers, a jet ski, and a camper the debtor made to her son as constructively fraudulent?
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Court
:
- 11 U.S.C.
Wisper II LLC v. Abernathy (In re Wisper LLC)
Dec
02
2015
Ruling
Managing member and spouse of debtor's predecessor LLC ordered to return property received in constructively fraudulent transfers.
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Court
:
- 11 U.S.C.
Picard v. Shapiro (In re Bernard L. Madoff Inv. Secs. LLC)
Nov
25
2015
Ruling
Madoff trustee could only recover intentional fraudulent transfers made within two years of petition date absent actual knowledge of Ponzi scheme or failure to conduct securities transactions.
Issue(s)
Should Madoff trustee's proceeding to avoid transfers to account owner and family be dismissed?
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:
- 11 U.S.C.
Redmond v. SpiritBank ( In re Brooke Corp.)
Nov
20
2015
Ruling
Option agreement and pledge of $2 million CD to bank could be avoided.
Issue(s)
Should transfer of option agreement and purchase of $2 million CD be avoided?
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Court
:
- 11 U.S.C.
Weisfelner v. Fund 1 (In re Lyondell Chem. Co.)
Nov
18
2015
Ruling
Creditor's claims for intentional fraudulent transfer dismissed absent allegations of actual intent to hinder, delay or defraud.
Issue(s)
Was complaint for intentional fraudulent transfer sufficiently pled or should the proceeding be dismissed?
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Court
:
- 11 U.S.C.
Gugino v. Rowley (In re Floyd)
Nov
10
2015
Ruling
Properly perfected auto lien was not avoidable but transfers of real property and equity in the vehicle were constructively fraudulent.
Issue(s)
Was automobile lien avoidable or in the alternative were transfers of real property and equity in the motor vehicle constructively fraudulent?
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:
- 11 U.S.C.
Gold v. Demeter (In re Demeter)
Oct
20
2015
Ruling
Debtor's mother's transfer of funds from joint account with debtor to own account was not fraudulent.
Issue(s)
Was debtor's mother's transfer of funds from joint account with debtor to sole account in the mother's name an avoidable fraudulent transfer?
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:
- 11 U.S.C.
Weinman v. Walker (In re Adam Aircraft Indus.)
Oct
15
2015
Ruling
Debtor could not recover transfers made to former president who was no longer an insider.
Issue(s)
Were corporate debtor's transfers to its previously terminated former president avoidable as made for less than reasonably equivalent value to an insider?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Mercury Cos.
Oct
09
2015
Ruling
Transfer was not fraudulent where debtor received reasonably equivalent value.
Issue(s)
Whether underwriter acted reasonably in refusing to pay the balance owed to debtor on a stock purchase agreement and whether debtor received reasonably equivalent value for the transferred shares?
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