§ 548(a)

Downs, In re--Gocha v. Downs

Ruling: 
Trustee was not entitled to recover full amount of fraudulent transfers as non-debtor spousewould be prejudiced by expansion of the trustee’s claims. (Bankr. W.D. Mich.)
ABI Membership is required to access the full summary of Downs, In re--Gocha v. Downs. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 15,2019, LexisNexis #0319-087

McMartin, In re

Ruling: 
Rent payment debtor made to defendant landlord was not a constructively fraudulent transferas debtor received reasonably equivalent value through the indirect benefit of rentreimbursement payment from another entity. (Bankr. D.N.D.)
ABI Membership is required to access the full summary of McMartin, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on March 21,2019, LexisNexis #0519-069

Goins, In re

Ruling: 
Summary judgment in avoidance proceeding granted where trustee failed to establish thatdebtor received less than a reasonably equivalent value in exchange for the transfer. (Bankr.N.D. Tex.)
ABI Membership is required to access the full summary of Goins, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 11,2019, LexisNexis #0519-038

W.J. Bradley Mortg. Capital, LLC, In re--Miller v. Bradley

Ruling: 
Defendants' motions to dismiss denied in part where trustee failed to plead actual fraud as hemerely parroted the language of section 548(a)(1)(A) without providing any specific factualallegations. (Bankr. D. Del.)
ABI Membership is required to access the full summary of W.J. Bradley Mortg. Capital, LLC, In re--Miller v. Bradley. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on February 01,2019, LexisNexis #0319-040

LTC Holdings, Inc., In re--Giuliano v. Ins. Co. of the State of Pa.

Ruling: 
Court denied summary judgment on trustee's claim seeking to recover contract payments fromnon-bonded projects as there was a genuine dispute of material fact as to whether reasonablyequivalent value or consideration was received for the transfers. (Bankr. D. Del.)
ABI Membership is required to access the full summary of LTC Holdings, Inc., In re--Giuliano v. Ins. Co. of the State of Pa.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on February 04,2019, LexisNexis #0319-041

Noll, In re--Seaver v. Noll

Ruling: 
Transfer of debtor's property from the state and the IRS to non-debtor spouse was avoidable as the debtor did not receive any value. (Bankr. D. Minn.)
ABI Membership is required to access the full summary of Noll, In re--Seaver v. Noll. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 27,2018, LexisNexis #1118-079

Taylor, Bean & Whitaker Mortg. Corp., In re--Luria v. Thunderflower, LLC

Ruling: 
Transfer avoidance denied as the summary-judgment standard precluded the court frominferring actual intent. (Bankr. M.D. Fla.)
ABI Membership is required to access the full summary of Taylor, Bean & Whitaker Mortg. Corp., In re--Luria v. Thunderflower, LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on September 28,2018, LexisNexis #1118-017

PostRock Energy Corp., In re

Ruling: 
Trustee's claim for fraudulent transfer was dismissed as he failed to indicate which of the sixjointly administered debtors made the transfer. (Bankr. W.D. Okla.)
ABI Membership is required to access the full summary of PostRock Energy Corp., In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on September 06,2018, LexisNexis #1018-079

Evergreen Int'l Aviation, Inc., In re--Giuliano v. World Fuel Servs.

Ruling: 
Trustee's motion for summary judgment denied where he simply concluded that the entitiesas a whole were insolvent and failed to provide evidence of the solvency of each subsidiary.(Bankr. D. Del.)
ABI Membership is required to access the full summary of Evergreen Int'l Aviation, Inc., In re--Giuliano v. World Fuel Servs.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on August 22,2018, LexisNexis #1018-021

Evergreen Int'l Aviation, Inc., In re--Giuliano v. World Fuel Servs.

Ruling: 
Trustee's motion for summary judgment denied where he simply concluded that the entitiesas a whole were insolvent and failed to provide evidence of the solvency of each subsidiary.(Bankr. D. Del.)
ABI Membership is required to access the full summary of Evergreen Int'l Aviation, Inc., In re--Giuliano v. World Fuel Servs.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on August 22,2018, LexisNexis #1018-021

Pages

Subscribe to § 548(a)