- 11 U.S.C.
Martinez v. Hutton (In re Harwell)
Dec
29
2010
Ruling
Summary judgment in favor of attorney transferee reversed absent findings regarding control of funds or bad faith.
Procedural posture
Appellant Chapter 7 trustee filed a fraudulent transfer complaint against appellant attorney under 11 U.S.C.S. §§ 548(a)(1)(A) and 550(a)(1). A bankruptcy court granted summary judgment for the attorney, and the United States District Court for the Middle District of Florida affirmed. The trustee appealed.
ABI Membership is required to access the full summary of Martinez v. Hutton (In re Harwell) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Stettin v. Adler (In re Rosenfeldt)
Dec
14
2010
Ruling
Admissions by debtor's principal established that payments to transferees were made in furtherance of Ponzi scheme and were avoidable.
Procedural posture
Plaintiff Chapter 11 trustee filed an adversary proceeding against defendants, a husband and wife, seeking a determination that payments defendants received from a law firm that declared Chapter 11 bankruptcy were avoidable under 11 U.S.C.S. § 548(a)(1)(A) and Fla. Stat. § 726.105(1)(A). The trustee filed a motion for summary judgment on Counts I and III of his amended complaint, and defendants filed a cross-motion for summary judgment.
ABI Membership is required to access the full summary of Stettin v. Adler (In re Rosenfeldt) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Kendall v. Able Debt Settlement Inc. (In re Kendall)
Dec
09
2010
Ruling
Bankruptcy court did not err in denying avoidance of service fees for debt adjustment as fraudulent transfers.
Procedural posture
Plaintiff Chapter 7 trustee filed an adversary complaint against defendant debt settlement company in which it sought to recover service fees paid by the debtors on the ground that the fees were fraudulent transfers under 11 U.S.C.S. § 548(a)(1)(B). The United States Bankruptcy Court for the District of North Dakota entered judgment in favor of defendant. Plaintiff appealed.
ABI Membership is required to access the full summary of Kendall v. Able Debt Settlement Inc. (In re Kendall) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Kenton v. Fast Cash Realty (In re Kenton)
Nov
17
2010
Ruling
Mortgage granted while debtor was insolvent for which debtor did not receive equivalent value could be avoided.
Procedural posture
In a Chapter 13 bankruptcy case, the debtor sought to void three mortgages granted to defendants, a real estate company, the company's owner, and one individual, as fraudulent under 11 U.S.C.S. § 548(a)(1)(B). The agreement of sale was entered into on February 3, 2007, and the debtor filed for bankruptcy on December 1, 2009, a month before the last sale agreement extension was set to expire.
ABI Membership is required to access the full summary of Kenton v. Fast Cash Realty (In re Kenton) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Elder v. Greer (In re Sand Hill Capital Partners III LLC)
Oct
25
2010
Ruling
Motion to dismiss fraudulent transfer claims granted with leave to amend all but claim that was time barred.
Procedural posture
Chapter 7 trustee brought adversary proceedings against a number of defendants, alleged to be transferees. The Trustee alleged, among a number of other matters, intentional and constructively fraudulent transfers under the California Uniform Fraudulent Transfer Act (UFTA). Before the court was defendants' Fed. R. Civ. P. 12(b)(6) motion to dismiss.
ABI Membership is required to access the full summary of Elder v. Greer (In re Sand Hill Capital Partners III LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Togut v. RBC Dain Correspondent Servs. (In re S.W. Bach & Co.)
Aug
18
2010
Ruling
Transfer by debtor's clearing agent of customer accounts to broker-dealer without consideration was a "transfer of an interest of the debtor in property" and a constructive fraudulent conveyance.
Procedural posture
Plaintiff, chapter 7 Trustee of debtor, a former broker-dealer, sought partial summary judgment under Fed. R. Civ. P. 56, made applicable by Fed. R. Bankr. P. 7056, against defendant, a broker-dealer (hereafter, the "broker-dealer"), on the Trustee's constructive fraudulent transfer claim under 11 U.S.C.S. § 548(a)(1)(B) (Count Nine). The broker-dealer in turn sought denial of partial summary judgment and a dismissal of Count Nine.
ABI Membership is required to access the full summary of Togut v. RBC Dain Correspondent Servs. (In re S.W. Bach & Co.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Steed v. Morgan (In re Rivas)
Jun
03
2010
Ruling
Ponzi scheme operator's transfers to girlfriend within two years of petition date avoided as intended to defraud creditors.
Procedural posture
Pursuant to 11 U.S.C.S. §§ 548, 549, and 550, plaintiff trustee filed a complaint seeking the avoidance and recovery of alleged fraudulent transfers and an unauthorized postpetition transfer made by the debtor to defendant, the woman with whom the debtor was romantically involved (girlfriend).
ABI Membership is required to access the full summary of Steed v. Morgan (In re Rivas) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Hagan v. Goldstein (In re Goldstein)
May
14
2010
Ruling
Trustee could recover fraudulent transfers to debtor's spouse for which no reasonably equivalent value was given.
Procedural posture
Plaintiff, a chapter 7 trustee, filed a fraudulent conveyance proceeding against defendant, the wife of a debtor, to avoid and recover prepetition transfers. In support of her complaint, the trustee challenged the transfers as both constructively and actually fraudulent, but in her summary judgment motion, she advanced just a constructive fraud theory and only as to a portion of the amount in the complaint.
ABI Membership is required to access the full summary of Hagan v. Goldstein (In re Goldstein) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
TSIC Inc. v. Thalheimer (In re TSIC Inc.)
Apr
28
2010
Ruling
Severance payment to former director and CEO during two-year lookback period was a transfer for less than equivalent value and avoidable.
Procedural posture
Debtor filed an adversary proceeding seeking to avoid a $ 6,055,000 severance payment made to a former director and chief executive officer (CEO). Debtor filed a motion for summary judgment requesting the court find that the payment was an avoidable fraudulent transfer pursuant to 11 U.S.C.S. § 548(a)(1)(B)(i), (ii)(IV). The CEO filed a cross-motion for summary judgment.
ABI Membership is required to access the full summary of TSIC Inc. v. Thalheimer (In re TSIC Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Uecker & Assocs. v. Tenet Healthsystem Hosps. Inc. (In re West Contra Costa Healthcare Dist.)
Mar
26
2010
Ruling
Sublease payments by chapter 9 debtor were not avoidable absent proof of insolvency at time sublease was entered.
Procedural posture
Plaintiff, a trustee of a trust for the benefit of creditors under a confirmed plan, filed a complaint pursuant to 11 U.S.C.S. § 548(a)(1)(B) against defendant creditor to avoid and recover certain lease payments made prepetition by a chapter 9 debtor to the creditor and to object to the creditor's claim unless the payments were repaid. The creditor filed a motion for summary judgment, and the trustee filed a motion for partial summary judgment.
ABI Membership is required to access the full summary of Uecker & Assocs. v. Tenet Healthsystem Hosps. Inc. (In re West Contra Costa Healthcare Dist.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: