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§ 548(a)(1)(B)

In re Lary

Feb
10
2006
Ruling
Trustee was allowed to avoid a transfer as fraudulent since the debtor had received less than a reasonably equivalent value for the property and became insolvent as a result of the tr ansfer.
Procedural posture

Plaintiff chapter 7 trustee brought an adversary proceeding against defendant debtor's sister and her bankruptcy trustee pursuant to 11 U.S.C. § 548(a)(1)(B), seeking to avoid a fraudulent transfer and the return of a one-half undivided interest in real property that the chapter 7 debtor had transferred to the sister. The court held a trial.

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opinion summary, case decided on February 10, 2006 , LexisNexis #0306-027
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Manuel v. Walker (In re Zimmer)

Jan
23
2006
Ruling
Trustee was entitled to avoid property transfer since it was clear the parents of one of the debtors had intended to transfer more than bare legal title.
Procedural posture

The case was before the court upon plaintiff chapter 7 trustee's complaint against defendant transferees seeking to avoid and recover a transfer of real property pursuant to 11 U.S.C. § 548.

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opinion summary, case decided on January 23, 2006 , LexisNexis #0506-025
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Mangiulli v. Rameker (In re Mangiulli)

Jan
09
2006
Ruling
Property tax assessments were not reliable indication of market value in determining if conveyance was fraudulent.
Procedural posture

Pursuant to 11 U.S.C. § 548, plaintiff chapter 7 trustee filed an adversary proceeding complaint against defendant, a Wisconsin village, seeking to recover an alleged fraudulent conveyance made to the village by two chapter 7 debtors. The trustee appealed, pursuant to 28 U.S.C. § 158, after the bankruptcy court granted summary judgment to the village on his fraudulent conveyance claim.

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opinion summary, case decided on January 09, 2006 , LexisNexis #0207-098
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