§ 548(a)

Health Diagnostic Lab., Inc. v. Arrowsmith, In re

Ruling: 
Subchapter S corporation status was not "property" under federal tax law and thus could not be considered "property" for the purposes of 11 U.S.C.S. §§ 544(b), 548(a)(1). (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on December 06,2017, LexisNexis #0118-046

Comprehensive Power, Inc., In re

Ruling: 
Court denied defendant's motion as to the dismissal of the § 548(a)(1)(B) count as there were sufficient facts to support a claim that debtor's assets were transferred for a less than fair and reasonably equivalent consideration at a time when the debtor was insolvent. (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on December 08,2017, LexisNexis #0118-047

Kinerson, In re--McGranahan v. Kinerson

Ruling: 
Debtor's transfer of interest in real property to her son was deemed fraudulent as it was done to delay, hinder, and defraud an existing judgment creditor. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on December 04,2017, LexisNexis #0118-048

Sec. Investor Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC, In re

Ruling: 
Trustee allowed to recover value of transfers to defendants as they were the initial transferees of the amount in question and not mere conduits. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on December 06,2017, LexisNexis #0118-049

Gunsalus v. Ont. Cty.

Ruling: 
Court dismissed the complaint in each adversary proceedings after it held that a tax lien foreclosure action, conducted in strict compliance with New York's Article 11 RPTL, was conclusively presumed to have provided reasonably equivalent value. (Bankr. W.D.N.Y.)
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Consumer case opionion summary, case decided on November 06,2017, LexisNexis #1217-048

Aeon Operating, Inc., In re--Seidel v. Mercury Operating, LLC

Ruling: 
Revenue sweep was an avoidable transfer as it was a transfer of an inerest of the debtor inproperty made within two years before the petition date in which debtor received less than areasonably equivalent value. (Bankr. N.D. Tex.)
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Commercial case opionion summary, case decided on October 03,2017, LexisNexis #1117-055

City Wide Invs., LLC, In re--City Wide Invs., LLC v. City of Milwaukee

Ruling: 
Debtor may recover the value of the property from the city where city's taking of the propertythrough foreclosure was deeemeds as a fraudulent transfer. (Bankr. E.D. Wis.)
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Commercial case opionion summary, case decided on October 03,2017, LexisNexis #1117-056

Sagarino, In re--Boscarino v. Johnson & Wales Univ.

Ruling: 
Complaint alleging constructive fraudulent transfer was dismissed as trustee alleged no factssupporting the element of insolvency. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on August 29,2017, LexisNexis #1017-021

Bridger, In re--Hopkins v. Bridger

Ruling: 
Debtors' transfer was avoidable as a constructively fraudulent transfer for they did not receiveany corresponding real, quantifiable economic value in return. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on August 30,2017, LexisNexis #1017-022

DSI Renal Holdings, LLC, In re--In re Guiliano v. Schnabel

Ruling: 
Trustee properly alleged that the debtor's transfers consitute avoidable intentional fraudulent transfers. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on July 20,2017, LexisNexis #0817-107

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