- 11 U.S.C.
Gordon v. Livecchi (In re Livecchi)
Nov
20
2014
Ruling
Trustee granted summary judgment in avoidance proceeding against debtor's spouse due to ample evidence of badges of fraud.
Issue(s)
Was trustee entitled to summary judgment against debtor's spouse in fraudulent transfer proceeding?
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- 11 U.S.C.
In re C&S Wholesale Grocers Inc. v. DeLano (In re DeLano Retail Partners LLC)
Sep
29
2014
Ruling
In pari delicto is not a defense in a fraudulent transfer proceeding.
Issue(s)
Should transfers to entity of which the sole shareholders were the sole members of debtor LLC be avoided or could the transferees claim the defense of in pari delicto against assignee of chapter 7 trustee that brought the proceeding?
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- 11 U.S.C.
Segner v. Ruthven Oil & Gas LLC (In re Provident Royalties LLC)
Sep
11
2014
Ruling
Transfers made pursuant to Ponzi scheme were avoidable as fraudulent subject to transferee's affirmative defense of good faith.
Issue(s)
Were transfers made pursuant to debtor's Ponzi scheme avoidable as fraudulent?
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- 11 U.S.C.
Howell v. Fulford (In re Southern Home & Ranch Supply Inc.)
Aug
11
2014
Ruling
Summary judgment in fraudulent transfer proceeding denied given sufficient evidence that transferees were insiders and transfer was for antecedent debt.
Issue(s)
Was trustee entitled to summary judgment in proceeding to find debtor's transfer of substantially all its assets to defendant holding company to be avoidable as fraudulent?
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- 11 U.S.C.
Burkart v. Patel (In re Singh)
May
15
2014
Ruling
Transfers pursuant to established Ponzi scheme were avoidable as fraudulent.
Issue(s)
Were payments made by debtor pursuant to Ponzi scheme avoidable as fraudulent?
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- 11 U.S.C.
Adelphia Recovery Trust v. Goldman Sachs & Co.
Apr
04
2014
Ruling
Post-confirmation fraudulent conveyance claim barred on grounds of judicial estoppel.
Issue(s)
Was fraudulent conveyance claim by debtor's recovery trust properly dismissed on terms of judicial estoppels based on terms of confirmed plan?
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Tangwall v. Compton (In re Bertran)
Oct
15
2013
Ruling
Transfers of real property to family trust avoided as fraudulent.
Issue(s)
Were debtor's conveyances of two parcels of property to family trust fraudulent.
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- 11 U.S.C.
In re Sentinel Mortg. Group
Aug
26
2013
Ruling
Debtor's transfers of clients' segregated assets into lienable accounts were avoidable.
Issue(s)
Did investment manager's failure to properly segregate client accounts create grounds for avoidance of pledge of customer assets to a bank?
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
Pullen v. Love (In re Pullen)
Aug
07
2013
Ruling
Transfer made incident to divorce but with intent to defraud creditor was avoidable as fraudulent.
Issue(s)
Could trustee avoid transfer of one-half interest property to debtor's spouse in divorce settlement as fraudulent.
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- 11 U.S.C.
Engler v. Herrling (In re Engler)
Apr
11
2013
Ruling
Fraudulent transfers pursuant to Ponzi scheme were not avoidable as transferee provided value or was mere conduit and acted in good faith.
Procedural posture
Plaintiff, the chapter 7 Trustee, brought a fraudulent transfer action pursuant to 11 U.S.C.S. § 548(1)(1)(A) against defendant transferee. The matter was before the court for judgment following a trial.
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