§ 548(a)

Fisher, In re--Slobodian v. Pa. State Univ.

Ruling: 
Cause existed for trustee to avoid tuition payments as constructively fraudulent transfers afterit was deemed that no economic or other value was received for the payments. (Bankr. M.D.Pa.)
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Consumer case opionion summary, case decided on November 07,2017, LexisNexis #0218-083

Santa Fe Med. Grp., LLC, In re--Montoya v. Lieberman

Ruling: 
Trustee was entitled to recover pre-petition payments made by debtor medical group to defendant as the debtor did not receive reasonably equivalent value for the payments. (Bankr. D.N.M.)
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Commercial case opionion summary, case decided on January 04,2018, LexisNexis #0218-049

Health Diagnostic Lab., Inc. v. Arrowsmith, In re

Ruling: 
Subchapter S corporation status was not "property" under federal tax law and thus could not be considered "property" for the purposes of 11 U.S.C.S. §§ 544(b), 548(a)(1). (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on December 06,2017, LexisNexis #0118-046

Comprehensive Power, Inc., In re

Ruling: 
Court denied defendant's motion as to the dismissal of the § 548(a)(1)(B) count as there were sufficient facts to support a claim that debtor's assets were transferred for a less than fair and reasonably equivalent consideration at a time when the debtor was insolvent. (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on December 08,2017, LexisNexis #0118-047

Kinerson, In re--McGranahan v. Kinerson

Ruling: 
Debtor's transfer of interest in real property to her son was deemed fraudulent as it was done to delay, hinder, and defraud an existing judgment creditor. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on December 04,2017, LexisNexis #0118-048

Sec. Investor Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC, In re

Ruling: 
Trustee allowed to recover value of transfers to defendants as they were the initial transferees of the amount in question and not mere conduits. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on December 06,2017, LexisNexis #0118-049

Gunsalus v. Ont. Cty.

Ruling: 
Court dismissed the complaint in each adversary proceedings after it held that a tax lien foreclosure action, conducted in strict compliance with New York's Article 11 RPTL, was conclusively presumed to have provided reasonably equivalent value. (Bankr. W.D.N.Y.)
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Consumer case opionion summary, case decided on November 06,2017, LexisNexis #1217-048

Aeon Operating, Inc., In re--Seidel v. Mercury Operating, LLC

Ruling: 
Revenue sweep was an avoidable transfer as it was a transfer of an inerest of the debtor inproperty made within two years before the petition date in which debtor received less than areasonably equivalent value. (Bankr. N.D. Tex.)
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Commercial case opionion summary, case decided on October 03,2017, LexisNexis #1117-055

City Wide Invs., LLC, In re--City Wide Invs., LLC v. City of Milwaukee

Ruling: 
Debtor may recover the value of the property from the city where city's taking of the propertythrough foreclosure was deeemeds as a fraudulent transfer. (Bankr. E.D. Wis.)
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Commercial case opionion summary, case decided on October 03,2017, LexisNexis #1117-056

Sagarino, In re--Boscarino v. Johnson & Wales Univ.

Ruling: 
Complaint alleging constructive fraudulent transfer was dismissed as trustee alleged no factssupporting the element of insolvency. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on August 29,2017, LexisNexis #1017-021

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