§ 548(a)

Skyline Manor, Inc., In re--Ross v. Buckles

Ruling: 
Trustee established that transfers were made while debtor's financial state was fragile inshowing that debtor was not paying its debts as they became due. (Bankr. D. Neb.)
ABI Membership is required to access the full summary of Skyline Manor, Inc., In re--Ross v. Buckles. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on June 13,2017, LexisNexis #0717-076

Invs. I, LLP

Ruling: 
Debtor entitled to recover from lessor as debtor received less than reasonable value whenlessor cancelled its obligation to pay rent and taxes. (Bankr. E.D. Wis.)
ABI Membership is required to access the full summary of Invs. I, LLP. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on May 23,2017, LexisNexis #0717-018

Lyondell Chem. Co., In re--Weisfelner v. Blavatnik

Ruling: 
Trustee could not succeed in fraudulent transfer claim as he was unable to show that the former CEO, or anyone else, intentionally sabotaged the combined company with baseless financial projections. (Bankr. S.D.N.Y.)
ABI Membership is required to access the full summary of Lyondell Chem. Co., In re--Weisfelner v. Blavatnik. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on April 21,2017, LexisNexis #0517-102

Lewis, In re--Eisenberg v. Pa. State Univ.

Ruling: 
Trustee could not recover funds from Pennsylvania State University as the proceeds of the Parent Plus loans were never in the debtor's property, were never in his possession or control, and were never remotely available to pay the creditors. (Bankr. E.D. Pa.)
ABI Membership is required to access the full summary of Lewis, In re--Eisenberg v. Pa. State Univ.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 07,2017, LexisNexis #0517-055

Wiggains, In re--Appling v. Lamar, Archer & Cofrin, LLP

Ruling: 
Bankruptcy court's assesment that the partition agreement between the debtor and his spousewas a fraudulent transfer affirmed because there was a direct evidence of debtor's actual intentto hinder or delay. (5th Cir.)
ABI Membership is required to access the full summary of Wiggains, In re--Appling v. Lamar, Archer & Cofrin, LLP. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 14,2017, LexisNexis #0317-077

Schroeder, In re--Silagy v. Schroeder

Ruling: 
Trustee's motion for summary judgment granted as debtor's transfer of entire balance of jointsavings with his ex-wife was made with actual intent to defraud creditors. (Bankr. N.D. Ohio)
ABI Membership is required to access the full summary of Schroeder, In re--Silagy v. Schroeder. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 14,2017, LexisNexis #0317-078

Pirzada, In re

Ruling: 
Debtor's motion to set aside a foreclosure sale was denied as he did not allege that the foreclosing beneficiary failed to comply with state law in its conduct of sale. (Bankr. C.D. Cal.)
ABI Membership is required to access the full summary of Pirzada, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 06,2017, LexisNexis #0317-042

Dunston, In re--Roach v. Skidmore Coll.

Ruling: 
Trustee could not avoid transfers made by the debtor to defendant college as he failed todemonstrate that a genuine issue of material fact exists as to each element of his fraudulenttransfer claims. (Bankr. S.D. Ga.)
ABI Membership is required to access the full summary of Dunston, In re--Roach v. Skidmore Coll.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 31,2017, LexisNexis #0317-023

Sandburg Mall Realty Mgmt. LLC, In re--Reinbold v. Kohansieh

Ruling: 
Trustee's avoidance action was subject to dismissal as the transfers occurred prior to the twoyearlookback period. (Bankr. C.D. Ill.)
ABI Membership is required to access the full summary of Sandburg Mall Realty Mgmt. LLC, In re--Reinbold v. Kohansieh. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on January 31,2017, LexisNexis #0317-021

Tomberlin, In re--Carin v. Wall & Assocs.

Ruling: 
Defendant's motion to compel arbitration granted as the fraudulent transfer claim isessentially an extension of the breach of contract claim, thus enforcing arbitration does notinherently conflict with the underlying purposes of the bankruptcy code. (Bankr. M.D. Ala.)
ABI Membership is required to access the full summary of Tomberlin, In re--Carin v. Wall & Assocs.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 30,2017, LexisNexis #0317-022

Pages

Subscribe to § 548(a)