§ 548(a)

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.)
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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.)
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Consumer case opionion summary, case decided on January 30,2017, LexisNexis #0317-022

Whitley, In re--Ivey v. First Citizens Bank & Trust Co.

Ruling: 
Deposits and wire transfers made by debtor into his checking account were not avoidabletransfers as the debtor continued to possess, control, and have custody over the funds. (4th Cir.)
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Consumer case opionion summary, case decided on January 31,2017, LexisNexis #0317-020

Lefoldt v. Patel (In re S&P Enters., LLC)

Ruling: 
Transfers of funds from debtor were avoidable because admissions showed that fundwithdrawals by defendant were fraudulent. (Bankr. S.D. Miss.)
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Commercial case opionion summary, case decided on January 04,2017, LexisNexis #0217-042

Howell v. Fulford (In re Southern Home & Ranch Supply, Inc)

Ruling: 
Trustee could not avoid debtor's transfer of assets as he failed to show that the transfers weremade with an intent to defraud creditors. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on December 28,2016, LexisNexis #0217-010

Lefoldt v. Amandvia (In re S&P Enters., LLC)

Ruling: 
Litigation agent allowed to avoid transfers because the withdrawals of funds by debtorqualified as fraudulent transfers. (Bankr. S.D. Miss.)
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Commercial case opionion summary, case decided on January 03,2017, LexisNexis #0217-011

Bakst v. Bank Leumi, USA (In re D.I.T., Inc.)

Ruling: 
Trustee's allegations of fraudulent transfer not sufficient to support avoidance of debtor'spayments to its commercial lender. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on December 22,2016, LexisNexis #0117-128

Desmond v. Chiang (In re Chiang)

Ruling: 
Trustee's motion for summary judgment granted as debtor conveyed his equity interest in theproperty with actual intent to hinder, delay, and defraud an existing creditor. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on December 21,2016, LexisNexis #0117-077

Rebein v. Cornerstone Creek Partners, LLC (In re Expert South Tulsa, LLC)

Ruling: 
Summary judgment against debtor in fraudulent transfer proceeding properly affirmed. (10thCir.)
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Commercial case opionion summary, case decided on December 06,2016, LexisNexis #0117-020

Brandt v. FDIC (In re Equip. Acquisition Res., Inc.)

Ruling: 
Fraudulent transfer claims against the FDIC as receiver for failed bank were precluded wherethe bank was unaware of debtor’s fraudulent scheme. (Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on November 21,2016, LexisNexis #1216-110

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