§ 548(a)

Jalbert v. Zurich Am. Ins. Co. (In re Payton Constr. Corp.)

Defendant, an administrative claimant in a chapter 11 debtor's bankruptcy case, filed a motion to stay or dismiss an adversary proceeding brought by the trust administrator for the liquidating trust established under the debtor's confirmed plan. The claimant also filed a motion to compel arbitration of its administrative claim and of the administrator's claims pursuant to the Federal Arbitration Act, 9 U.S.C.S. § 1 et seq.
Ruling: 
Court denied motion to stay or dismiss fraudulent transfer proceeding which was not subject to arbitration.
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Commercial case opionion summary, case decided on January 13,2009, LexisNexis #0309-122

Braunstein v. Leung (In re Leung)

Plaintiff chapter 7 trustee sued defendant debtor and his wife, seeking to avoid the debtor's payment of $90,000 to reduce the wife's loan obligation as, inter alia, a fraudulent transfer under 11 U.S.C.S. § 548(a)(1). The bankruptcy court conducted a trial.
Ruling: 
Transfer from debtor to spouse to reduce spouse's loan obligation avoided as fraudulent.
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Consumer case opionion summary, case decided on September 22,2008, LexisNexis #1208-068

Durand v. Ackerman (In re Durand)

Appellant husband sought review of the judgments of the United States Bankruptcy Court, which denied his motion for reconsideration and granted appellee trustee's motion, pursuant to Fed. R. Bankr. P. 7037 and Fed R. Civ. P. 37, for default judgment and sanctions, specifically attorney's fees and costs, in an action to avoid the debtor's transfer of property to her husband as a fraudulent conveyance or unauthorized post-petition transfer.
Ruling: 
Default and sanctions reversed as failure to appear at hearing in avoidance proceeding was insufficient grounds.
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Consumer case opionion summary, case decided on September 16,2008, LexisNexis #1008-136

Murrietta v. Fehrs (In re Fehrs)

Plaintiff bankruptcy trustee brought adversary proceedings against defendant bankruptcy debtor seeking to revoke the debtor's discharge for fraud under 11 U.S.C.S. § 727(d) and to avoid a transfer of property as constructively fraudulent under 11 U.S.C.S. § 548(a). Plaintiff creditor brought an adversary proceeding to revoke the debtor's discharge, and the adversary proceedings were consolidated for trial.
Ruling: 
Avoidance of undisclosed prepetition transfer to debtor's son avoided, but not grounds for revocation of discharge.
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Consumer case opionion summary, case decided on July 18,2008, LexisNexis #0908-140

Renn v. F.W. Fin. Servs. Inc.

A trustee filed an action against defendant company, pursuant to 11 U.S.C.S. § 548(a)(1)(B), to avoid the transfer of assets of the debtor to the company and to recover the value of the assets from a subsequent transferee, a limited liability company (LLC), pursuant to 11 U.S.C.S. § 550(a). After a trial, the court issued findings of fact and conclusions of law.
Ruling: 
Fraudulently transferred assets could be recovered from subsequent transferee that paid less than reasonably equivalent value.
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Commercial case opionion summary, case decided on June 05,2008, LexisNexis #0708-064

Schnittjer v. Houston (In re Houston)

Defendant debtor filed for relief under chapter 7 of the Bankruptcy Code. Plaintiff trustee filed an adversary proceeding alleging that a transfer of real estate and certain CRP payments to defendant, debtor's mother, constituted fraudulent transfers. The trustee filed a motion for summary judgment.
Ruling: 
Debtor's transfer of property to mother for less than full value within one year of filing was fraudulent.
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Consumer case opionion summary, case decided on April 02,2008, LexisNexis #0408-116

EBC I Inc. v. Americal Online Inc. (In re EBC I Inc.)

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant Internet service provider (ISP), seeking to recover amounts paid to the ISP for online advertising services prior to the ISP's termination of the parties'agreement as fraudulent transfers under former 11 U.S.C. § 548(a)(1). The bankruptcy court conducted a trial.
Ruling: 
Payments to internet service provider for on-line advertising were not avoidable as fraudulent.
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Commercial case opionion summary, case decided on January 10,2008, LexisNexis #0208-098

In re Del Corso

The United States Trustee ("UST") filed a motion for sanctions, pursuant to Fed. R. Bankr. P. 9011, against the debtor's counsel. The UST filed a motion to disgorge the fees and return the fees paid by the debtor to counsel in a chapter 7 case.
Ruling: 
Sanctions imposed and attorneys'fees ordered disgorged where counsel advised and assisted debtor in unlawful prepetition fraudulent transfer.
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Consumer case opionion summary, case decided on December 27,2007, LexisNexis #0208-009

Covey v. Hackett (In re Roadrunner Delivery Inc.)

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant, a corporate debtor's sole shareholder, claiming that $6,753.95 in payments the debtor made to the shareholder were fraudulent and should be avoided under 11 U.S.C. § 548(a)(1)(B). The shareholder filed a motion to dismiss the trustee's complaint.
Ruling: 
Prepetition claim discharged in shareholder's bankruptcy could not be subject of avoidance proceeding in bankruptcy of the corporation.
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Commercial case opionion summary, case decided on December 19,2007, LexisNexis #0108-076

Montoya v. Wilson (In re Wilson)

Plaintiff chapter 7 trustee filed an adversary proceeding against defendants, debtors, seeking to avoid as fraudulent under 11 U.S.C. § 548 contributions that the debtors made to their individual retirement accounts ("IRA"). The debtors moved to dismiss. The motion implicated Fed. R. Bankr. P. 7052, which incorporated Fed. R. Civ. P. 52(c).
Ruling: 
Contribution to Roth IRA for which debtors were not eligible was not fraudulent transfer.
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Consumer case opionion summary, case decided on November 30,2007, LexisNexis #0108-100

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