- 11 U.S.C.
TransCare Corp., In re--Lamonica v. Tilton
Aug
28
2023
Ruling
Foreclosure and sale of collateral by a director of the debtor to herself without a showing offair price was a fraudulent conveyance. (2d Cir.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
ABI Membership is required to access the full summary of TransCare Corp., In re--Lamonica v. Tilton Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
:
Judge or Jurisdiction information not available
- 11 U.S.C.
1960 Fam. Practice, P.A., In re--Engelhart v. Nguyen
Jul
13
2023
Ruling
Movants were entitled to a jury trial as the breach of fiduciary duty claim was primarily legalin nature and fraudulent transfer claims also gave rise to a jury trial right. (Bankr. S.D. Tex.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
ABI Membership is required to access the full summary of 1960 Fam. Practice, P.A., In re--Engelhart v. Nguyen Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Martino, In re--Pergament v. Martino
Jun
05
2023
Ruling
Debtor's provision of room and board in family home to 21-year-old son did not constitute constructive fraudulent conveyances. (Bankr. E.D.N.Y.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.
ABI Membership is required to access the full summary of Martino, In re--Pergament v. Martino Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Najeeb Ahmed Khan, In re--Iammartino v. Lake City Bank
May
30
2023
Ruling
Dismissal of complaint in avoidance proceeding based on the in pari delicto defense was not warranted as it was too early in the proceedings to determine the doctrine's application. (Bankr. W.D. Mich.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Actual Intent to Hinder, Delay, or Defraud.
ABI Membership is required to access the full summary of Najeeb Ahmed Khan, In re--Iammartino v. Lake City Bank Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Weed Cellars, Inc., In re--Miller v. W Licensing, LLC
May
26
2023
Ruling
Transfers under licensing agreement were not avoidable as debtor received reasonable equivalent value. (Bankr. C.D. Cal.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.
ABI Membership is required to access the full summary of Weed Cellars, Inc., In re--Miller v. W Licensing, LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Salas, In re--Brekelmans v. Salas
May
23
2023
Ruling
Property owner was entitled to summary judgment on the fraudulent conveyance claims as personal representatives were collaterally estopped from relitigating the issue of ownership. (Bankr. M.D. Tenn.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.
ABI Membership is required to access the full summary of Salas, In re--Brekelmans v. Salas Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Tuttle, In re--Richardson v. Rearick
Apr
19
2023
Ruling
Default judgment entered against debtor’s boyfriend avoiding the transfer of debtor’s automobile. (Bankr. W.D. Mich.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.
ABI Membership is required to access the full summary of Tuttle, In re--Richardson v. Rearick Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
45 John Lofts, LLC, In re--45 John Lofts, LLC v. Meridian Cap. Grp. LLC
Apr
14
2023
Ruling
Debtor could recover a transfer as an intentional fraudulent conveyance as the transfer was made with actual intent to hinder, delay, or defraud. (Bankr. S.D.N.Y.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Actual Intent to Hinder, Delay, or Defraud.
ABI Membership is required to access the full summary of 45 John Lofts, LLC, In re--45 John Lofts, LLC v. Meridian Cap. Grp. LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Morgan, In re--Little v. Hatler Morgan Generation Skipping Trust
Feb
09
2023
Ruling
Debtor's transfer of his ownership interest in an LLC was a fraudulent transfer as he was no longer a member of the LLC at the time of the transfer. (Bankr. W.D. Ky.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Actual Intent to Hinder, Delay, or Defraud.
ABI Membership is required to access the full summary of Morgan, In re--Little v. Hatler Morgan Generation Skipping Trust Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Nail, In re--Richardson v. Younce
Jan
11
2023
Ruling
Judgment should be entered in favor of plaintiff trustee in avoidance proceeding where debtor made a gift to her son and received nothing in exchange for the transfer. (Bankr. W.D. Mich.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.
ABI Membership is required to access the full summary of Nail, In re--Richardson v. Younce Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: