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§ 548(a)(1)

Legendary Field Exhibitions, LLC, In re--Dundon v. Osherow

Ruling
Complaint pleaded sufficient facts to allege promissory estoppel if neither a valid norenforceable oral contract existed under state law. (Bankr. W.D. Tex.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Commercial opinion summary, case decided on November 13, 2023 , LexisNexis #0124-038

Lake, In re--Miller v. Henning

Ruling
Motion to reopen avoidance proceeding denied as defendant could not establish mistake,inadvertence, surprise, or excusable neglect but rather made a conscious decision not toanswer the complaint. (Bankr. E.D. Mich.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Consumer opinion summary, case decided on November 02, 2023 , LexisNexis #0124-012

Wylie, In re--Miller v. Sullivan

Ruling
Consent judgment in avoidance proceeding was not intended to preclude prosecution ofappeal. (Bankr. E.D. Mich.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Consumer opinion summary, case decided on October 05, 2023 , LexisNexis #1223-037

Miller v. Mott

Ruling
Claims for imposition of constructive trust and award of attorneys’ fees in fraudulentconveyance proceeding dismissed. (Bankr. D. Del.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Consumer opinion summary, case decided on October 04, 2023 , LexisNexis #1223-036

Duvall v. Cnty. of Ontario

Ruling
Debtor's annuity was exempt as debtor was insolvent at the time of foreclosure and thebankruptcy court avoided transfer. (2d Cir.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on September 29, 2023 , LexisNexis #1123-065

Nadeau, In re--Dymarkowski v. Nadeau

Ruling
Debtor's transfer of property into revocable living trust within two years of petition date wasavoided as made with actual intent to hinder or delay collection efforts by a creditor. (Bankr.N.D. Ohio)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Consumer opinion summary, case decided on September 28, 2023 , LexisNexis #1223-011

Arregui, In re--Fink v. Arregui

Ruling
Transfer was actually fraudulent as made by debtors with the intent to hinder, delay, ordefraud their creditors. (Bankr. W.D. Mo.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Consumer opinion summary, case decided on September 22, 2023 , LexisNexis #1123-092

Vaughn, In re--Vaughn v. DeAngelo

Ruling
Judgment entered in favor of defendant as the payment was for an undisputed debt, thedebtor did not retain a benefit, and the trustee had not proven that the debtor was insolvent atthe time of the transfer. (Bankr. E.D. Va.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Consumer opinion summary, case decided on September 19, 2023 , LexisNexis #1123-064

Cl H Winddown LLC, In re

Ruling
Motion to dismiss avoidance proceeding granted where trustee failed to allege that thetransfers were made for inadequate consideration. (Bankr. D. Del.)
Issue(s)
Preferences; Avoidable Transfers.

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Commercial opinion summary, case decided on September 05, 2023 , LexisNexis #1023-092

Bonar, In re--Dye v. Bonar

Ruling
Trustee was entitled to summary judgment on her claim that the transfer of residentialproperty was actually fraudulent. (Bankr. C.D. Cal.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Consumer opinion summary, case decided on August 28, 2023 , LexisNexis #1123-014