§ 548(a)

Rhiel v. Mortgage Elec. Registration Sys. (In re Gavin)

Trustee brought an action against defendants alleging that a refinancing mortgage could be avoided as a constructive fraudulent transfer under 11 U.S.C.S. § 548(a)(1)(B) and under the Ohio Uniform Fraudulent Transfer Act (Ohio UFTA), Ohio Rev. Code Ann. § 1336.04(A)(2).
Ruling: 
Mortgage securing refinance for which debtor was not obligated on the note was not a fraudulent transfer.
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Consumer case opionion summary, case decided on July 11,2011, LexisNexis #0811-026

Wadsworth v. Word of Life Christian Ctr. (In re McGough)

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.
Ruling: 
Charitable deductions in excess of 15 percent of debtor's gross annual income were avoidable.
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Consumer case opionion summary, case decided on July 06,2011, LexisNexis #0811-095

Ryan v. Montoya (In re Gonzales)

Trustee filed a complaint against defendant grantee--a debtor's daughter-- seeking to recover real property pursuant to 11 U.S.C.S. 548 (a)(1)(B). The trustee asserted that he was entitled to recover the property because the debtor transferred the property to her daughter for no consideration only five weeks prior to the filing of her chapter 7 bankruptcy petition.
Ruling: 
Insolvency, as factor in fraudulent transfer, cannot be inferred from commencement of chapter 7 case shortly after transfer.
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Consumer case opionion summary, case decided on July 01,2011, LexisNexis #0811-027

Osherow v. Nelson Hensley & Consol. Fund Mgmt. LLC (In re Pace)

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).
Ruling: 
Transfer that was fraudulent under state law could be avoided.
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Consumer case opionion summary, case decided on May 16,2011, LexisNexis #0611-059

Roeder v. Lockwood (In re Lockwood Auto Group Inc.)

Plaintiff Chapter 7 trustee filed an adversary proceeding against defendants, a bank and an individual who had been the principal owner of a car dealership, seeking a determination that the principal committed fraud before the dealership declared bankruptcy. The bankruptcy court found that transactions the principal made were constructively fraudulent under 11 U.S.C.S. § 548(a)(1)(B), but the district reversed that judgment and remanded the case.
Ruling: 
On remand, debtor's principal's pledge of CD collateral for bank loan found not to be fraudulent.
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Commercial case opionion summary, case decided on April 28,2011, LexisNexis #0511-140

Mann v. Steele (In re Steele)

Plaintiff Chapter 7 trustee commenced an adversary proceeding against defendants, the debtor and the church that he founded, seeking recovery of a transfer pursuant to 11 U.S.C.S. §§ 547, 548(a)(1)(A)-(B), and 550(a)(1). The trustee also sought to revoke the debtor's discharge pursuant to 11 U.S.C.S. § 727(d)(1) and § 727(d)(2).
Ruling: 
Trustee could recover more than fair share of proceeds retained by church from sale of vehicle co-owned with debtor pastor as a constructively fraudulent transfer.
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Consumer case opionion summary, case decided on March 31,2011, LexisNexis #0511-123

Crews v. Full of Faith Ministries Inc. (In re Full of Faith Ministries Inc.)

Chapter 7 trustee filed an adversary complaint to avoid and recover fraudulent transfers of real property pursuant to 11 U.S.C.S. § 548(a)(1). The trustee alleged that the debtor corporation transferred three parcels of real property to its insiders within two years before the filing of the bankruptcy case.
Ruling: 
Transfers to insiders while litigation was pending were fraudulent and avoidable.
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Commercial case opionion summary, case decided on March 31,2011, LexisNexis #0711-020

Lyon v. Baker (In re ClassicStar LLC)

Chapter 7 trustee filed an adversary proceeding against defendant investor, seeking a determination that a transfer an LLC made to a bank to pay a debt the investor owed was constructively fraudulent under 11 U.S.C.S. § 548(a)(1)(B) and could be recovered from the investor under 11 U.S.C.S. § 550(a). The case was tried to the court.
Ruling: 
Transfer by debtor to bank was constructively fraudulent and could be avoided.
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Commercial case opionion summary, case decided on March 14,2011, LexisNexis #0411-091

Lyon v. Rappaport (In re ClassicStar LLC)

Chapter 7 trustee filed an adversary proceeding against appellee investor, who had entered into a mare leasing agreement with the debtor. The U. S. Bankruptcy Court for the Eastern District of Kentucky dismissed the proceeding with prejudice. The trustee appealed.
Ruling: 
Dismissal for failure to state a claim of actual fraudulent transfer affirmed.
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Commercial case opionion summary, case decided on February 24,2011, LexisNexis #0311-088

Lowe v. Kaspar-Wells (In re Wells)

Plaintiff Chapter 7 Trustee filed a complaint pursuant to 11 U.S.C.S. § 548(a)(1) to avoid and recover a constructively fraudulent transfer of an interest in real property.
Ruling: 
Transfer of debtor's interest in real property to trust for no value could be avoided.
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Consumer case opionion summary, case decided on February 10,2011, LexisNexis #0311-058

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