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§ 548(a)(2)

Senior Care Ctrs., LLC, In re--Halperin v. Wills

Oct
29
2023
Ruling
Trustee of litigation trust had not shown a lack of genuine issues of material fact to allowsummary judgment in preference proceeding. (Bankr. N.D. Tex.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Exception for

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Commercial opinion summary, case decided on October 29, 2023 , LexisNexis #1223-090
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Hayden v. Denos (In re Hayden)

Dec
28
2015
Ruling
Transfer of property could not be avoided as fraudulent where debtor was not insolvent when made.
Issue(s)
Whether debtor was insolvent at the time of the alleged fraudulent transfers or became insolvent as a result of the transfers?

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Consumer opinion summary, case decided on December 28, 2015 , LexisNexis #0116-098
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Sarachek v. Twin City Poultry (In re Agriprocessors Inc.)

Apr
03
2013
Ruling
Transfers for which debtor received reasonably equivalent value were not constructively fraudulent.
Procedural posture

Chapter 7 trustee brought an action against defendant seeking to avoid and recover alleged preferential transfers to an insider under 11 U.S.C.S. § 547(b) and fraudulent conveyances under 11 U.S.C.S. § 548 that defendant received from the debtor. Defendant moved for summary judgment and the Trustee moved for partial summary judgment as to defendant's insider status.

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Commercial opinion summary, case decided on April 03, 2013 , LexisNexis #0513-059
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Wadsworth v. Word of Life Christian Ctr. (In re McGough)

Jul
06
2011
Ruling
Charitable deductions in excess of 15 percent of debtor's gross annual income were avoidable.
Procedural posture

Chapter 7 trustee filed a proceeding seeking to avoid debtors' charitable contributions under 11 U.S.C.S. § 548. Defendant was the donee. Before the court was the Trustee's motion for partial summary judgment and the donee's motion for partial summary judgment.

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Consumer opinion summary, case decided on July 06, 2011 , LexisNexis #0811-095
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Osherow v. Nelson Hensley & Consol. Fund Mgmt. LLC (In re Pace)

May
16
2011
Ruling
Transfer that was fraudulent under state law could be avoided.
Procedural posture

Plaintiff Chapter 7 trustee filed a complaint against defendants, a limited liability company (LLC) and its owner, to avoid a transfer of a property (the condo) from a debtor's wholly-owned company to the LLC and to recover the condo or its value. The trustee alleged that the transfer was actually fraudulent under the Texas Uniform Fraudulent Transfer Act (TUFTA) or constructively fraudulent transfer under the TUFTA and 11 U.S.C.S. § 548(a)(2).

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Consumer opinion summary, case decided on May 16, 2011 , LexisNexis #0611-059
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Wolkowitz v. Breath of Life Seventh Day Adventist Church (In re Lewis)

Feb
17
2009
Ruling
Prepetition charitable contribution to church fell within safe harbor provision.
Procedural posture

Chapter 7 trustee initiated an adversary proceeding under 11 U.S.C.S. § 548(a)(2), seeking to avoid the debtors' pre-petition transfers of charitable contributions to defendant church as constructively fraudulent transfers.

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Consumer opinion summary, case decided on February 17, 2009 , LexisNexis #0409-122
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Brady v. Bestworth-Rommel Inc. (In re Johnson)

Nov
25
2006
Ruling
Creditor who released lien on land owned by corporation of which debtor was a shareholder in exchange for transfer by debtor was a subsequent transferee and transfer was not avoidable.
Procedural posture

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor seeking to avoid an alleged transfer from the debtor pursuant to 11 U.S.C. § 548(a)(2) and to recover the amount of the transfer pursuant to 11 U.S.C. § 550(a) or (b).

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opinion summary, case decided on November 25, 2006 , LexisNexis #0107-063
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Universal Church v. Geltzer

Jul
26
2006
Ruling
Bankruptcy court erred in failing to determine if debtor was insolvent at time of charitable contributions trustee sought to avoid.
Procedural posture

Appellant church, a nonprofit corporation, sought review of a judgment from the District Court for the Eastern District of New York, which held that the Religious Liberty and Charitable Donation Protection Act did not prevent appellee bankruptcy trustee from avoiding a chapter 7 debtor's donations to the church under 11 U.S.C. § 548(a)(2). The church also appealed the denial of its motion to reconsider.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on July 26, 2006 , LexisNexis #1006-024
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