- 11 U.S.C.
Adelphia Recovery Trust v. Goldman Sachs & Co.
Apr
04
2014
Ruling
Post-confirmation fraudulent conveyance claim barred on grounds of judicial estoppel.
Issue(s)
Was fraudulent conveyance claim by debtor's recovery trust properly dismissed on terms of judicial estoppels based on terms of confirmed plan?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Reed v. Alcala (In re Inspirations Imps. Inc.)
Apr
03
2014
Ruling
Bankruptcy court properly avoided transfer made for the benefit of debtor's individual shareholder.
Issue(s)
Whether the bankruptcy court clearly erred in finding that the debtor did not receive reasonably equivalent value in exchange for a transfer made for the benefit of debtor's individual shareholder?
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Court
:
- 11 U.S.C.
Jubber v. Mast
Mar
31
2014
Ruling
Trustee's avoidance proceeding was not barred by earlier state court determination in proceeding brought by debtor.
Issue(s)
Should court abstain from hearing fraudulent conveyance action against debtor based on state court divorce decree and determination regarding the subject property?
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Court
:
- 11 U.S.C.
Finkel v. Polichak (In re Polichak)
Feb
27
2014
Ruling
Lack of assessment did not prevent IRS from holding claim that could allow trustee to invoke extended statute of limitations.
Issue(s)
Should an avoidance proceeding be dismissed due to expiration of the applicable state law statute of limitations or could the trustee invoke the IRS extended limitations period?
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Court
:
- 11 U.S.C.
Ruffini v. Norton Law Group PLLC (In re Ruffini)
Feb
25
2014
Ruling
Mortgage modification and loss mitigation fees in excess of original retainer were avoidable as fraudulent.
Issue(s)
Were prepetition legal fees paid by the debtors in connection with mortgage modification and foreclosure proceedings in excess of reasonable value of the legal services provided and avoidable as fraudulent?
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Court
:
- 11 U.S.C.
Melaragno v. Stanko (In re Stanko)
Feb
20
2014
Ruling
Transfer into tenancy by the entirety within one year of petition date was constructively fraudulent.
Issue(s)
Was transfer of property into tenancy by the entirety within one year of petition date, for no consideration and/or less than a reasonably equivalent value, while debtor was insolvent or rendering debtor insolvent as a result of the transfer, fraudulent?
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Court
:
- 11 U.S.C.
Higgason v. Stanley (In re Earnest)
Feb
18
2014
Ruling
Summary judgment granted in favor of debtor and sister in avoidance proceeding as debtor's granting of mortgage to sister was for reasonably equivalent value.
Issue(s)
Was mortgage granted by debtor to sister in exchange for funding for mechanism that would separate oil from water in oil spills avoidable as fraudulent?
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Court
:
- 11 U.S.C.
Ritz Camera & Image LLC v. Canon U.S.A. Inc. (In re Ritz Camera & Image LLC)
Feb
04
2014
Ruling
Debtor's payments under settlement agreement with manufacturer that exploited superior bargaining position were avoidable as fraudulent transfers.
Issue(s)
Should payments under settlement between camera store and manufacturer be set aside due to manufacturer's use of superior bargaining position and lack of reasonable alternative for debtor to obtain terms so outside of community business practices that they shock the conscience?
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Court
:
- 11 U.S.C.
Wadsworth v. Word of Life Christian Ctr. (In re McGough)
Dec
16
2013
Ruling
Entire charitable transfer exceeding 15 percent of gross annual income was avoidable.
Issue(s)
Whether under the Religious Liberty and Charitable Donation Protection Act, 11 U.S.C.S. § 548(a)(1)(B), if a restricted debtor transferred more than 15% of his gross annual income (GAI) to a qualified religious or charitable organization, could the trustee avoid the entire annual transfer or only the portion exceeding 15%?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Silagy v. Morris (In re Morris)
Oct
18
2013
Ruling
Divorce settlement agreement created fraudulent transfer to non-debtor spouse where debtor did not receive reasonably equivalent value.
Issue(s)
Did unequal divorce settlement between debtor and former spouse satisfy requirements for a fraudulent transfer.
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Court
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