- 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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- 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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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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Court
:
- 11 U.S.C.
Thompson, In re--Gold v. Shelton
Feb
23
2021
Ruling
Attorney's representation of a mother and her daughter required disqualification of theattorney and his firm from representing the daughter as the Chapter 7 Trustee did not consentto the dual representation. (Bankr. E.D. Mich.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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- 11 U.S.C.
DuVall, In re--DuVall v. Cty. of Ontario
Feb
18
2021
Ruling
Tax sale could be set aside as county did not provide reasonably equivalent value inexchange for title to the debtor's farm. (Bankr. W.D.N.Y.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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:
- 11 U.S.C.
Martin, In re--Dymarkowski v. McConegly
Jan
12
2021
Ruling
Trustee was not entitled to summary judgment on his fraudulent transfer claim due to agenuine issue of material fact as to reasonably equivalent value. (Bankr. N.D. Ohio)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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:
- 11 U.S.C.
All Terrain, LLC, In re
Dec
07
2020
Ruling
Debtor company’s estate was entitled to recover a portion of transfers to related debtorcompany for which it did not receive reasonably equivalent value. (Bankr. D. Idaho)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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