- 11 U.S.C.
Golson-Dunlap v. Page (In re Page)
Jul
20
2012
Ruling
Payments by debtor to wife were not constructively fraudulent to extent made for reasonably equivalent value and used to pay creditors.
Procedural posture
Chapter 7 trustee filed a complaint against defendant, the non-debtor wife of a debtor, seeking turnover of funds in a bank account as property of the estate under 11 U.S.C.S. § 541; seeking to avoid alleged transfers from the debtor to his wife pursuant to 11 U.S.C.S. §§ 544 and 548; and seeking to recover those transfers from the debtor's wife pursuant to 11 U.S.C.S. § 550. The debtor's wife moved for summary judgment.
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Court
:
- 11 U.S.C.
Kane & Kane v. United States
Jul
16
2012
Ruling
United States was initial transferee of personal income tax payments of partners made by partners' firm.
Procedural posture
Plaintiff chapter 7 trustee moved for summary judgment on three counts of his complaint against defendant U.S., alleging that certain transfers were constructively fraudulent under 11 U.S.C.S. § 548(a)(1)(B) and Fla. Stat. § 726.106(1), and requesting recovery of any avoided transfers. The U.S. requested summary judgment in its favor on all counts, on the basis that it was not an initial transferee within the meaning of 11 U.S.C.S. § 550(a)(1).
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:
- 11 U.S.C.
Saracheck v. Lagoon Tech. LLC (In re Agriprocessors Inc.)
Jun
26
2012
Ruling
Checks conveyed within two years of petition date for less than reasonably equivalent value could be avoided.
Procedural posture
Plaintiff chapter 7 Trustee sought to recover from defendant creditor alleged fraudulent conveyances under 11 U.S.C.S. § 548, preferential transfers under 11 U.S.C.S. § 547(b). The Complaint sought to avoid $82,060 in transfers. At trial, the Trustee's counsel withdrew the claim for preferential transfers and proceeded on the fraudulent conveyance theory of recovery under § 548(a)(1)(B). A trial was held at which the creditor failed to appear.
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:
- 11 U.S.C.
Saracheck v. Cottonballs LLC (In re Agriprocessors Inc.)
Jun
26
2012
Ruling
Transfers to creditor within two years prior to petition date for less than reasonably value were fraudulent.
Procedural posture
Chapter 7 trustee filed a complaint against defendant creditor seeking to recover alleged fraudulent conveyances or preferential transfers pursuant to 11 U.S.C.S. §§ 548(a)(1)(B) or 547(b), which were made by the debtor to the creditor.
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:
- 11 U.S.C.
In re Williams
May
25
2012
Ruling
Prepetition transfer pursuant to strict foreclosure did not establish reasonably equivalent value and could be avoided.
Procedural posture
Chapter 13 debtors sought summary judgment on their claims in adversary complaints against defendant city that a "strict foreclosure" tax lien foreclosure proceeding under Wis. Stat. § 75.521 that did not involve competitively-bid sale procedures did not establish "reasonably equivalent value" within the meaning of 11 U.S.C.S. § 548(a)(1)(B) and that the resulting prepetition transfers of property were fraudulent transfers under § 548.
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Court
:
- 11 U.S.C.
Senior Transeastern Lenders v. Official Comm. of Unsecured Creditors (In re TOUSA Inc.)
May
15
2012
Ruling
Debtor's subdivisions' transfer of liens to secure debtor's loans were fraudulent and could be avoided.
Procedural posture
In an adversary action, the bankruptcy court avoided a transfer of liens by debtor subsidiaries, to secure payment of a debt owed by another debtor, their parent, as fraudulent under 11 U.S.C.S. § 548. The United States District Court for the Southern District of Florida quashed the bankruptcy court's order. The transferees appealed. The unsecured creditors' committee appealed.
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Stoebner v. Ritchie Capital Mgmt. LLC (In re Polaroid Corp.)
Apr
30
2012
Ruling
Grant of security interest in property made only to delay, hinder or defraud could be avoided.
Procedural posture
Plaintiff chapter 7 trustee's adversary proceeding sought to avoid, under 11 U.S.C. §§ 548, 544, the grant of security interests to defendants, entities that claimed to hold an enforceable security interest in certain aspects of debtor's intellectual property, specifically certain trademarks and associated rights. The trustee sought other relief, alternatively or additionally. The trustee moved for partial summary judgment.
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Court
:
- 11 U.S.C.
Steed v. Hawkins (In re Rivas)
Apr
06
2012
Ruling
Transfers by debtor Ponzi scheme operator to "equity agent" were avoidable where no value was received in exchange.
Procedural posture
Plaintiff trustee filed an adversary proceeding against defendant agent, seeking a determination that he was entitled under 11 U.S.C.S. § 548(a)(1) to recover money the agent received from a chapter 7 debtor who operated a Ponzi scheme. The trustee filed a motion for summary judgment, and the court consolidated the trustee's motion with objections the trustee filed to claims the agent filed against the debtor's bankruptcy estate.
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:
- 11 U.S.C.
Chow v. Prince (In re Prince)
Mar
30
2012
Ruling
Transfer to trust for no consideration while debtors were insolvent avoided as fraudulent.
Procedural posture
Chapter 7 trustee moved for partial summary judgment in the trustee's adversary proceeding against defendants, a trust and a company, seeking to avoid and recover allegedly fraudulent transfers of real property, among other things, pursuant to 11 U.S.C.S. § 548 and the Texas Uniform Fraudulent Transfer Act. The trustee also sought turnover pursuant to 11 U.S.C.S. 542 of the rents from the property and certain insurance proceeds.
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:
- 11 U.S.C.
Combs-Skinner v. Gorman (In re Premier Data Solutions Inc.)
Feb
07
2012
Ruling
Payments by debtor to former spouse while insolvent were constructively fraudulent transfers.
Procedural posture
The bankruptcy trustee for a corporate debtor filed an amended adversary complaint against defendant to recover transfers. At issue was whether plaintiff had proven all of the elements of a constructively fraudulent transfer under 11 U.S.C.S. § 548(a)(1)(B).
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