- 11 U.S.C.
Gordon v. Livecchi (In re Livecchi)
Nov
20
2014
Ruling
Trustee granted summary judgment in avoidance proceeding against debtor's spouse due to ample evidence of badges of fraud.
Issue(s)
Was trustee entitled to summary judgment against debtor's spouse in fraudulent transfer proceeding?
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- 11 U.S.C.
Sikirica v. Midtown Niki Group (In re Dressel Assocs.)
Nov
19
2014
Ruling
Fraudulent transfer proceeding dismissed due to lack of evidence of insolvency.
Issue(s)
Should trustee's proceeding for avoidance of an allegedly fraudulent transfer be dismissed for failure to state a claim?
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- 11 U.S.C.
Sarachek v. Crown Heights House of Glatt Inc. (In re Agriprocessors Inc.)
Oct
22
2014
Ruling
Payments by debtors while insolvent to pay off loans to third party could be avoided.
Issue(s)
Should payments to transferee be avoided as constructively fraudulent because the payments were not made for reasonably equivalent value or as preferential transfers to an "insider?"
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- 11 U.S.C.
Gilbert v. Goble (In re North Am. Clearing Inc.)
Sep
29
2014
Ruling
Payments to debtor's principal for personal expenses that were part of principal's normal compensation were not avoidable as fraudulent.
Issue(s)
Could payments to debtor's principal for personal expenses be avoided as fraudulent?
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- 11 U.S.C.
In re C&S Wholesale Grocers Inc. v. DeLano (In re DeLano Retail Partners LLC)
Sep
29
2014
Ruling
In pari delicto is not a defense in a fraudulent transfer proceeding.
Issue(s)
Should transfers to entity of which the sole shareholders were the sole members of debtor LLC be avoided or could the transferees claim the defense of in pari delicto against assignee of chapter 7 trustee that brought the proceeding?
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:
- 11 U.S.C.
Sher v. TMST Hedging Strategies Inc. (In re TMST Inc.)
Sep
24
2014
Ruling
Constructive fraud claim dismissed.
Issue(s)
Should a override agreements, transfers made pursuant to those two agreements, a forbearance agreement, and releases be avoided as constructively fraudulent?
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- 11 U.S.C.
Segner v. Ruthven Oil & Gas LLC (In re Provident Royalties LLC)
Sep
11
2014
Ruling
Transfers made pursuant to Ponzi scheme were avoidable as fraudulent subject to transferee's affirmative defense of good faith.
Issue(s)
Were transfers made pursuant to debtor's Ponzi scheme avoidable as fraudulent?
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- 11 U.S.C.
Spradlin v. Beads & Steeds Inns LLC (In re Howland)
Aug
22
2014
Ruling
Trustee could not prevail on fraudulent transfer claim using "reverse veil piercing theory."
Issue(s)
Whether the trustee could prove that the debtors made an avoidable transfer of their interest in property by utilizing a "reverse veil piercing" theory that would allow the trustee to treat the debtors and their wholly owned limited liability company as the same?
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- 11 U.S.C.
Howell v. Trawick (In re Norton)
Aug
15
2014
Ruling
Debtor's transfer of interest in parents' property to sibling was fraudulent.
Issue(s)
Was debtor's transfer of interest in parent's property to sibling avoidable as fraudulent?
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- 11 U.S.C.
Howell v. Fulford (In re Southern Home & Ranch Supply Inc.)
Aug
11
2014
Ruling
Summary judgment in fraudulent transfer proceeding denied given sufficient evidence that transferees were insiders and transfer was for antecedent debt.
Issue(s)
Was trustee entitled to summary judgment in proceeding to find debtor's transfer of substantially all its assets to defendant holding company to be avoidable as fraudulent?
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