§ 548(a)

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

McGranahan v. Dillard (In re Dillard)

Plaintiff chapter 7 trustee sought to avoid the transfer of a one-half joint tenancy interest in real property by the debtor to defendant transferee, the debtor's former spouse, pursuant to Cal. Civ. Code § 3439.05, 11 U.S.C. § 548(a)(1)(B), or 11 U.S.C. § 547.
Ruling: 
Return of one-half interest in property to former spouse after temporary transfer to debtor for refinancing pursuant to divorce decree was not avoidable.
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Consumer case opionion summary, case decided on October 30,2007, LexisNexis #1207-049

Fransen v. Nicassio Corp. (In re Metro Sewer Servs.)

Plaintiff chapter 7 trustee moved for partial summary judgment on certain of its claims against defendants, a corporation and its principals, seeking to recover transfers made to the corporation as fraudulent under 11 U.S.C. § 548(a)(1)(A) and (B), seeking to hold the principals personally liable for the improper transfers, and alleging that the debtor incurred damages as a result of a de facto merger or a joint venture with the corporation.
Ruling: 
De facto merger occurred where corporation signed letter of intent to acquire debtor so that transfers to corporation were avoidable.
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Reaves v. Comerica Bank-California (In re GTI Capital Holdings)

Defendant, a secured creditor of chapter 7 debtor, filed a motion for summary judgment in an action brought by plaintiff chapter 7 trustee, alleging that the creditor's late filing of UCC-1 Financing Statements constituted a preference or a fraudulent conveyance that should be avoided and recovered for the benefit of the estate pursuant to 11 U.S.C. §§ 544(b) and 548. The trustee filed a cross motion for summary judgment.
Ruling: 
Collateralization of antecedent debt conferred new reasonably equivalent value upon debtor for transfer of interest in property.
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In re Edmondson

The debtors moved for confirmation of their chapter 13 plan. Creditor filed an objection.
Ruling: 
Mortgage payment on rental property which debtor planned to surrender could not be included in calculation of projected disposable income.
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Sullivan v. Schultz (In re Schultz)

Plaintiff chapter 7 trustee brought a complaint seeking to avoid the transfer of debtor's inheritance from her grandmother into a special needs trust as a fraudulent transfer pursuant to 11 U.S.C. § 548, and to recover the transfer from the special needs trustee pursuant to 11 U.S.C. § 550(a). The issue was whether debtor received reasonable equivalent value, for purposes of 11 U.S.C. § 548(a)(1)(B).
Ruling: 
Transfer of disabled debtor's inheritance into special needs trust was not avoidable.
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Applewhite v. Akin (In re Akin)

Plaintiff trustee filed a motion for partial summary judgment on his adversary complaint to avoid, pursuant to 11 U.S.C. § 548(a)(1), the transfers by defendant debtors of the proceeds from certificates of deposit (CDs) into bank accounts opened in the names of defendant children.
Ruling: 
Debtor's transfer of CD proceeds into childrens'bank accounts within one month prior to filing was avoidable.
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Gredd v. Bear Stearns Sec. Corp. (In re Manhattan Inv. Fund Ltd.)

Chapter 11 trustee and defendant brokerage firm filed cross-motions for summary judgment in trustee's action, which sought to avoid margin payments deposited in debtor's account at the firm pursuant to 11 U.S.C. § 548(a)(1)(A).
Ruling: 
Transfers by debtor to brokerage firm with intent to hinder, delay or defraud creditors were avoidable.
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In re Nockerts

The U.S. Trustee filed a motion to dismiss chapter 7 debtors'case based on a presumption of abuse under 11 U.S.C. § 707(b)(2) or as an abuse under section 707(b)(3).
Ruling: 
Mortgage payments on property to be surrendered were "scheduled as contractually due" and could be deducted from debtors'current monthly income.
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