§ 548(a)

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

Development Specialists, Inc. v. Varanese (In re Coudert Bros. LLP)

Ruling: 
Default judgment entered in favor of constructive fraudulent transfer claim. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on November 21,2016, LexisNexis #1216-111

Luria v. Chisholm Props. of Atlanta, LLC (In re Taylor, Bean & Whitaker Mortg. Corp.)

Ruling: 
Transfers made within preference period with actual intent to hinder, delay or defraudcreditors were nondischargeable. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on November 01,2016, LexisNexis #1216-017

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