- 11 U.S.C.
Wiggains, In re--Appling v. Lamar, Archer & Cofrin, LLP
Feb
14
2017
Ruling
Bankruptcy court's assesment that the partition agreement between the debtor and his spousewas a fraudulent transfer affirmed because there was a direct evidence of debtor's actual intentto hinder or delay. (5th Cir.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Actual Intent to Hinder, Delay, or Defraud.
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Court
:
( Judge Southwick ) [ Circuit Court ]
- 11 U.S.C.
Bakst v. Bank Leumi, USA (In re D.I.T., Inc.)
Dec
22
2016
Ruling
Trustee's allegations of fraudulent transfer not sufficient to support avoidance of debtor'spayments to its commercial lender. (Bankr. S.D. Fla.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Actual Intent to Hinder, Delay, or Defraud.
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Court
:
- 11 U.S.C.
Brandt v. FDIC (In re Equip. Acquisition Res., Inc.)
Nov
21
2016
Ruling
Fraudulent transfer claims against the FDIC as receiver for failed bank were precluded wherethe bank was unaware of debtor’s fraudulent scheme. (Bankr. N.D. Ill.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Actual Intent to Hinder, Delay, or Defraud.
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Court
:
- 11 U.S.C.
Richardson v. Green (In re THR & Assocs.)
May
26
2016
Ruling
Trustee had standing to pursue fraudulent transfer proceeding to which federal and state liens did not attach.
Issue(s)
Did trustee have standing to pursue fraudulent transfer proceeding where any potential recovery allegedly would be encumbered by liens of the Internal Revenue Service and two state agencies?
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Court
:
- 11 U.S.C.
Doeling v. ONeill (In re ONeill)
Apr
19
2016
Ruling
Transfers of marital home and pastureland to spouse were avoidable to the extent exceeding value provided in exchange.
Issue(s)
Were debtor's real estate transfers to former spouse pursuant to their divorce settlement agreement avoidable as preferential and fraudulent?
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Court
:
- 11 U.S.C.
Picard v. Shapiro (In re Bernard L. Madoff Inv. Secs. LLC)
Nov
25
2015
Ruling
Madoff trustee could only recover intentional fraudulent transfers made within two years of petition date absent actual knowledge of Ponzi scheme or failure to conduct securities transactions.
Issue(s)
Should Madoff trustee's proceeding to avoid transfers to account owner and family be dismissed?
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:
- 11 U.S.C.
Weisfelner v. Fund 1 (In re Lyondell Chem. Co.)
Nov
18
2015
Ruling
Creditor's claims for intentional fraudulent transfer dismissed absent allegations of actual intent to hinder, delay or defraud.
Issue(s)
Was complaint for intentional fraudulent transfer sufficiently pled or should the proceeding be dismissed?
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Court
:
- 11 U.S.C.
Allred v. Nickeson (In re Nickeson)
May
28
2015
Ruling
Prepetition transfer of debtor's interest in farm corporation to non-debtor spouse avoided as fraudulent.
Issue(s)
Should debtor's transfer of ownership interest in farm corporation to spouse be avoided as fraudulent?
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Court
:
- 11 U.S.C.
Burkart v. Bisessar (In re Singh)
Apr
22
2015
Ruling
Trustee could not recover from investors in debtor Ponzi scheme pursuant to the doctrine of in pari dilecto.
Issue(s)
Could trustee in case of debtor Ponzi scheme operator recover funds from debtor's investors?
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Court
:
- 11 U.S.C.
Allred v. Nickeson (In re Nickeson)
Nov
25
2014
Ruling
Summary judgment proceeding for avoidance of debtor's transfer of interest in corporation to spouse denied as debtor's spouse and corporation had right to demonstrate legitimate purpose for transfers.
Issue(s)
Was trustee entitled to summary judgment in proceeding for avoidance of transfer of 97 percent interest in corporate entity to debtor's former spouse?
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Court
: