- 11 U.S.C.
Amjed Faraj Hatu, In re--Angell v. Southco Distrib. Co.
Aug
13
2021
Ruling
Plaintiffs were not held to the particularity standard as fraudulent conduct was not at issueand the complaint sufficiently pled the claims. (Bankr. E.D.N.C.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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- 11 U.S.C.
Int'l Supply Co., In re--Stone v. Morton Cmty. Bank
Jul
28
2021
Ruling
Loan payments were not avoidable as debtor received reasonably equivalent value inexchange for incurring the obligations and for making the payments. (Bankr. C.D. Ill.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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:
- 11 U.S.C.
Securities Investor Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC
Jul
02
2021
Ruling
Trustee in SIPA liquidation litigation could avoid and recover fictitious profits received bydefendant as a result of Ponzi scheme investment from defendant’s IRA. (Bankr. S.D.N.Y.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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Court
:
- 11 U.S.C.
Berndt, In re--Dymarkowski v. Berndt
Jun
24
2021
Ruling
Trustee could not avoid transfer for which it failed to establish that debtor received less than"a reasonably equivalent value." (Bankr. N.D. Ohio)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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Court
:
- 11 U.S.C.
Mack Indus., In re--Peterson v. Premier Elec. Servs.
May
19
2021
Ruling
Payments by debtor to defendant for electrical work it performed were not constructivelyfraudulent regardless of who owned the properties. (Bankr. N.D. Ill.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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:
- 11 U.S.C.
Cambrian Holding Co. v. Alliance Prime Assocs.
May
04
2021
Ruling
Facts alleged in the complaint were accepted as true and allowed a reasonable inference thatdefendants were plausibly liable under the litigating trustee's state and federal fraudulenttransfer claims. (Bankr. E.D. Ky.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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- 11 U.S.C.
Essential Fin. Educ., In re--Sherman v. OTA Franchise Corp.
May
03
2021
Ruling
Trustee was granted summary judgment on all elements of his actual fraudulent conveyanceclaims except for intent to defraud. (Bankr. N.D. Tex.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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:
- 11 U.S.C.
Fox Ortega Enters., In re--Kasolas v. Nicholson
Apr
23
2021
Ruling
Trustee was entitled to recover the value of wine defendant purchased from debtor whodefrauded purchasers through a Ponzi scheme. (Bankr. N.D. Cal.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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:
- 11 U.S.C.
Genter, In re--Reed v. Genter
Mar
22
2021
Ruling
Transfer of a 49% interest in a successful business to debtor's father for no consideration wasfraudulent. (Bankr. N.D. Tex.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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:
- 11 U.S.C.
Genter, In re--Reed v. Genter
Mar
22
2021
Ruling
Transfer of a 49% interest in a successful business to debtor's father for no consideration wasfraudulent. (Bankr. N.D. Tex.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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