§ 548(a)

Wolkowitz v. Breath of Life Seventh Day Adventist Church (In re Lewis)

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.
Ruling: 
Prepetition charitable contribution to church fell within safe harbor provision.
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Consumer case opionion summary, case decided on February 17,2009, LexisNexis #0409-122

In re Roca

Plaintiff trustee filed an adversary proceeding for relief from an allegedly fraudulent transfer by debtor, an individual who filed a chapter 7 case, to defendant, debtor's elderly mother. At issue was whether plaintiff had established a right to relief under 11 U.S.C.S. § 548(a)(1) or 11 U.S.C.S. § 544(b) as well as the effect, if any, of Arizona's uniform fraudulent transfer act, Ariz. Rev. Stat. § 44-1001 on the parties' respective rights.
Ruling: 
Trustee entitled to recover one-half interest in property fraudulently transferred by debtor to elderly mother.
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Consumer case opionion summary, case decided on January 26,2009, LexisNexis #0309-066

Omega Door Co. Reorganization Trust v. Buonpane (In re Omega Door Co.)

Plaintiff trustee sued defendant shareholder, seeking, inter alia, to recover note payments made by the debtor as fraudulent transfers under 11 U.S.C.S. §§ 544(b) and 548, and alleging that the payments were preferential transfers under 11 U.S.C.S. § 547(b). The bankruptcy court for the Northern District of Ohio dismissed the fraudulent transfer claims, but found for the trustee on the preference claim. The parties cross appealed.
Ruling: 
Bankruptcy court erred in finding that fraudulent transfer allegations against note payments were time barred.
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Commercial case opionion summary, case decided on January 13,2009, LexisNexis #0209-102

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

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