- 11 U.S.C.
In re Mercury Cos.
Oct
09
2015
Ruling
Transfer was not fraudulent where debtor received reasonably equivalent value.
Issue(s)
Whether underwriter acted reasonably in refusing to pay the balance owed to debtor on a stock purchase agreement and whether debtor received reasonably equivalent value for the transferred shares?
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Court
:
- 11 U.S.C.
Official Comm. of Unsecured Creditors v. Fountainhead Grp. Inc. (In re Aerosol)
Sep
28
2015
Ruling
Payments by owners of LLCs made less than twelve months prior to petition date were avoidable.
Issue(s)
Did brother and sister breach their fiduciary duties to their LLCs or made avoidable fraudulent transfers?
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Court
:
- 11 U.S.C.
1756 W. Lake St. LLC v. Am. Chtd. Bank
May
15
2015
Ruling
Summary judgment in favor of bank in chapter 11 debtor's avoidance proceeding affirmed.
Issue(s)
Should summary judgment in favor of creditor bank in fraud action brought against the bank by debtor in possession be affirmed?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Davis v. Pham (In re Nguyen)
Apr
13
2015
Ruling
Avoidance of alleged fraudulent conveyance properly denied.
Issue(s)
Was avoidance of alleged fraudulent conveyance by debtor to sister properly denied on grounds that debtor possessed only bare legal title to the property?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Chatz v. Stepaniants (In re Fatoorehchi)
Mar
09
2015
Ruling
Avoidance of allegedly fraudulent transfer denied where reasonable equivalent value was provided by transferee.
Issue(s)
Were transfers of portion of debtor's business avoidable as fraudulent?
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Court
:
- 11 U.S.C.
Schmidt v. Domit (In re Ocean Tower LP)
Nov
25
2014
Ruling
Trustee could seek to recover assets from receiver appointed by state court interlocutory order.
Issue(s)
Could trustee seek to recover assets transferred prior to the petition date to a court appointed receiver in an interlocutory order in debtor's divorce proceeding?
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Court
:
- 11 U.S.C.
Sikirica v. Midtown Niki Group (In re Dressel Assocs.)
Nov
19
2014
Ruling
Fraudulent transfer proceeding dismissed due to lack of evidence of insolvency.
Issue(s)
Should trustee's proceeding for avoidance of an allegedly fraudulent transfer be dismissed for failure to state a claim?
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Court
:
- 11 U.S.C.
Sarachek v. Crown Heights House of Glatt Inc. (In re Agriprocessors Inc.)
Oct
22
2014
Ruling
Payments by debtors while insolvent to pay off loans to third party could be avoided.
Issue(s)
Should payments to transferee be avoided as constructively fraudulent because the payments were not made for reasonably equivalent value or as preferential transfers to an "insider?"
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Court
:
- 11 U.S.C.
Gilbert v. Goble (In re North Am. Clearing Inc.)
Sep
29
2014
Ruling
Payments to debtor's principal for personal expenses that were part of principal's normal compensation were not avoidable as fraudulent.
Issue(s)
Could payments to debtor's principal for personal expenses be avoided as fraudulent?
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Court
:
- 11 U.S.C.
Sher v. TMST Hedging Strategies Inc. (In re TMST Inc.)
Sep
24
2014
Ruling
Constructive fraud claim dismissed.
Issue(s)
Should a override agreements, transfers made pursuant to those two agreements, a forbearance agreement, and releases be avoided as constructively fraudulent?
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Court
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