§ 548(a)

Universal Church v. Geltzer

Appellant church, a nonprofit corporation, sought review of a judgment from the District Court for the Eastern District of New York, which held that the Religious Liberty and Charitable Donation Protection Act did not prevent appellee bankruptcy trustee from avoiding a chapter 7 debtor's donations to the church under 11 U.S.C. § 548(a)(2). The church also appealed the denial of its motion to reconsider.
Ruling: 
Bankruptcy court erred in failing to determine if debtor was insolvent at time of charitable contributions trustee sought to avoid.
ABI Membership is required to access the full summary of Universal Church v. Geltzer. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Parks v. Scott (In re Steele)

A bankruptcy trustee filed an adversary proceeding pursuant to 11 U.S.C. § 548(a) to avoid an alleged fraudulent transfer by debtor to defendant domestic partner of the debtor's interest in a pickup truck, a boat, and a trailer (collectively referred to as the "property"). The trustee sought to avoid the transfer as it was without receipt of reasonably equivalent value while the debtor was insolvent.
Ruling: 
Trustee was entitled to recover debtor's equitable interest in vehicle fraudulent transferred to debtor's domestic partner.
ABI Membership is required to access the full summary of Parks v. Scott (In re Steele). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Dobin v. Hill (In re Hill)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant, the former spouse of a bankruptcy debtor, seeking to avoid transfers from the debtor to the spouse in a divorce settlement as fraudulent transfers under 11 U.S.C. § 548(a)(1)(A). The trustee asserted that the settlement was disproportionately favorable to the spouse and was intended to deprive creditors of the debtor's assets.
Ruling: 
Transfers to spouse in divorce settlement were deemed avoidable fraudulent transfers since the transfers disproportionately favored the spouse and were intended to deprive creditors of assets.
ABI Membership is required to access the full summary of Dobin v. Hill (In re Hill). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Rieser v. Hayslip (In re Canyon Sys. Corp.)

Plaintiff chapter 7 trustee filed an adversary proceeding against several defendants, who were former investor clients of the debtor, seeking to avoid transfers from the debtor under both 11 U.S.C. § 548 and the Ohio Uniform Fraudulent Transfers Act ("UFTA") (exercising his "strong-arm" powers under 11 U.S.C. § 544(b)). The parties filed cross-motions for partial summary judgment.
Ruling: 
Transfers were deemed avoidable since they were made with actual intent to hinder, delay, or defraud creditors.
ABI Membership is required to access the full summary of Rieser v. Hayslip (In re Canyon Sys. Corp.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Kapila v. WLN Family Ltd. Pship (In re LeNeve)

Plaintiff chapter 7 trustee, having established that debtor fraudulently operated numerous businesses as instrumentalities and alter egos of himself, completely disregarding the legal status thereof, sought to recover a total of $957,215 in purportedly fraudulent transfers received by defendant, an investor in debtor's schemes, pursuant to 11 U.S.C. § 548(a)(1)(A) and Fla. Stat. § 726.105(1)(a)
Ruling: 
Fraudulent transfer claims were dismissed since debtor received value in making transfers and was repaying investor with no shown fraudulent intent.
ABI Membership is required to access the full summary of Kapila v. WLN Family Ltd. Pship (In re LeNeve). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Bryant

Debtors filed a motion to hold the IRS in contempt and impose sanctions for violating the discharge injunction of 11 U.S.C. § 524. The IRS moved to quash the debtors'motion.
Ruling: 
Court ordered the IRS to show cause why it should not be held in contempt for violating a discharge injunction by attempting postdischarge to collect trust fund taxes.
ABI Membership is required to access the full summary of In re Bryant. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Silverman v. Pauls Landmark Inc. (In re Nirvana Rest.)

Plaintiff, the chapter 7 trustee, commenced an adversary proceeding against defendant transferee to avoid, under New York law and 11 U.S.C. § 548(a), a guaranty given by debtor for the benefit of an affiliate, and to recover the rent payments made in connection with the guaranty. The matter was before the court for trial.
Ruling: 
Trustee was denied a motion to avoid a transfer of a guaranty under the Code and New York law since the trustee failed to show constructive fraudulence.
ABI Membership is required to access the full summary of Silverman v. Pauls Landmark Inc. (In re Nirvana Rest.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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.
ABI Membership is required to access the full summary of French v. Liebmann (In re French). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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.
ABI Membership is required to access the full summary of In re Lary. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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.
ABI Membership is required to access the full summary of Manuel v. Walker (In re Zimmer). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to § 548(a)