§ 548(a)

French v. Liebmann (In re French)

In a debtor's chapter 7 proceeding, appellee trustee filed an adversary proceeding against appellant transferees to avoid the debtor's transfer of foreign property to the transferees. The bankruptcy court found the transfer to be constructively fraudulent under 11 U.S.C. § 548(a)(1)(B), and the District Court for the District of Maryland affirmed. The transferees appealed.
Ruling: 
Judgment that the debtors' transfer of foreign property was avoidable as constructively fraudulent was affirmed.
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In re Lary

Plaintiff chapter 7 trustee brought an adversary proceeding against defendant debtor's sister and her bankruptcy trustee pursuant to 11 U.S.C. § 548(a)(1)(B), seeking to avoid a fraudulent transfer and the return of a one-half undivided interest in real property that the chapter 7 debtor had transferred to the sister. The court held a trial.
Ruling: 
Trustee was allowed to avoid a transfer as fraudulent since the debtor had received less than a reasonably equivalent value for the property and became insolvent as a result of the tr ansfer.
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Manuel v. Walker (In re Zimmer)

The case was before the court upon plaintiff chapter 7 trustee's complaint against defendant transferees seeking to avoid and recover a transfer of real property pursuant to 11 U.S.C. § 548.
Ruling: 
Trustee was entitled to avoid property transfer since it was clear the parents of one of the debtors had intended to transfer more than bare legal title.
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Mangiulli v. Rameker (In re Mangiulli)

Pursuant to 11 U.S.C. § 548, plaintiff chapter 7 trustee filed an adversary proceeding complaint against defendant, a Wisconsin village, seeking to recover an alleged fraudulent conveyance made to the village by two chapter 7 debtors. The trustee appealed, pursuant to 28 U.S.C. § 158, after the bankruptcy court granted summary judgment to the village on his fraudulent conveyance claim.
Ruling: 
Property tax assessments were not reliable indication of market value in determining if conveyance was fraudulent.
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Kendall v. Turner (In re Turner)

Two adversary proceedings were consolidated for trial. In one action, plaintiff, the chapter 7 trustee, brought a fraudulent transfer action against defendants, debtor's former spouse, et al. In the second action, plaintiffs, two individuals who alleged conduct against debtor in another matter that was found by a jury to be tortious, filed an objection to discharge action. The proceedings were before the court for decision following trial.
Ruling: 
Home transfer was deemed an actually and constructively fraudulent transfer where the debtor set up alter ego companies to protect assets and defraud creditors.
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Campos v. Wells Fargo Bank N.A.

Appellant debtor challenged the decision entered by the bankruptcy court that denied the debtor's claim for relief from appellee bank's seizure of funds from the debtor's savings account.
Ruling: 
Debtor could not recover setoff because the obligation was more than a year old and did not render debtor insolvent.
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Brown v. Leslie Kitchenmaster & Kot Inc. (In re Hertzler Halstead Hosp.)

Plaintiff trustee sued defendant, an individual and a corporation, under 11 U.S.C. §§ 547 and 548 to avoid and recover alleged preferential and fraudulent transfers made to them by the debtor prior to the date of debtor's bankruptcy petition.
Ruling: 
Transfers to creditors were fraudulent and thus recoverable since they were made with actual intent to hinder and delay the debtor's other creditors.
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