- 11 U.S.C.
Pacific Links United States Holdings, In re
May
04
2022
Ruling
Guarantors could avoid obligations they incurred and the transfers they made to a limitedpartnership in the form of mortgages and security interests as the transactions left theircreditors worse off. (Bankr. D. Haw.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
Mall at the Galaxy, In re--Kartzman v. Latoc, Inc.
Apr
29
2022
Ruling
Prepetition transfers of loan proceeds were avoided as debtor was a mere pass-through for theloan and did not receive reasonably equivalent value for the debt incurred. (Bankr. D.N.J.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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Judge or Jurisdiction information not available
- 11 U.S.C.
Securities Inv. Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC
Apr
13
2022
Ruling
Madoff trustee could collect fictitious profits from limited partnership and its generalpartners. (Bankr. S.D.N.Y.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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- 11 U.S.C.
Madoff, In re--Securities Investor Prot. Corp. v. Bernard L. Madoff Inv. Secs. LLC
Mar
09
2022
Ruling
Trustee was entitled to avoid and recover fictitious profits received by a partnership onaccount of its investment in the Madoff Ponzi scheme as the property was "customer property"prior to the transfer. (Bankr. S.D.N.Y.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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Judge or Jurisdiction information not available
- 11 U.S.C.
McCallan, In re--Wilkins v. McCallan
Mar
01
2022
Ruling
Debtor's wife waived her right to a jury trial and impliedly consented to final adjudication bythe bankruptcy court by failing to timely file the motion to withdraw the reference. (Bankr.M.D. Ala.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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- 11 U.S.C.
EHT US1, Inc., In re--Urban Commons Queensway, LLC v. EHT Asset Mgmt., LLC
Dec
14
2021
Ruling
Defendants in avoidance proceeding held in civil contempt due to insufficient andfraudulently inconsistent efforts to satisfy order for injunctive relief. (Bankr. D. Del.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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- 11 U.S.C.
ATIF, Inc., In re--Stermer v. Old Republic Nat'l Title Ins. Co.
Dec
02
2021
Ruling
Transfers could not be held fraudulent as creditor failed to establish whether debtor receivedless than reasonably equivalent value in exchange. (Bankr. M.D. Fla.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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Court
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- 11 U.S.C.
Wylie, In re--Miller v. Sullivan
Sep
20
2021
Ruling
Trustee was entitled to avoid two transfers of real estate that the debtors made to relativeswithin two years before the debtors filed their bankruptcy petition as the transfers were madefor no consideration and while the debtors were insolvent. (Bankr. E.D. Mich.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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- 11 U.S.C.
Labsource, LLC, In re--Fort v. Luxor Scientific, LLC
Sep
13
2021
Ruling
Bankruptcy court denied debtor's motion to dismiss as the allegations of the trustee'scomplaint sufficiently identified the transfer in question, the trustee's purported value of thetransfer, and the debtor's insolvency. (Bankr. D.S.C.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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Judge or Jurisdiction information not available
- 11 U.S.C.
Scott, In re--Crampton v. Scott
Aug
27
2021
Ruling
Transfer was constructively fraudulent because debtor was insolvent at the time of the transferor became insolvent as a result of the transfer. (Bankr. E.D.N.C.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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