§ 548(a)

Sarachek v. Crown Heights House of Glatt Inc. (In re Agriprocessors Inc.)

Ruling: 
Payments by debtors while insolvent to pay off loans to third party could be avoided.
ABI Membership is required to access the full summary of Sarachek v. Crown Heights House of Glatt Inc. (In re Agriprocessors Inc.). 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 October 22,2014, LexisNexis #1114-097

Gilbert v. Goble (In re North Am. Clearing Inc.)

Ruling: 
Payments to debtor's principal for personal expenses that were part of principal's normal compensation were not avoidable as fraudulent.
ABI Membership is required to access the full summary of Gilbert v. Goble (In re North Am. Clearing Inc.). 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 September 29,2014, LexisNexis #1114-025

In re C&S Wholesale Grocers Inc. v. DeLano (In re DeLano Retail Partners LLC)

Ruling: 
In pari delicto is not a defense in a fraudulent transfer proceeding.
ABI Membership is required to access the full summary of In re C&S Wholesale Grocers Inc. v. DeLano (In re DeLano Retail Partners LLC). 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 September 29,2014, LexisNexis #1114-024

Sher v. TMST Hedging Strategies Inc. (In re TMST Inc.)

Ruling: 
Constructive fraud claim dismissed.
ABI Membership is required to access the full summary of Sher v. TMST Hedging Strategies Inc. (In re TMST Inc.). 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 September 24,2014, LexisNexis #1014-093

Segner v. Ruthven Oil & Gas LLC (In re Provident Royalties LLC)

Ruling: 
Transfers made pursuant to Ponzi scheme were avoidable as fraudulent subject to transferee's affirmative defense of good faith.
ABI Membership is required to access the full summary of Segner v. Ruthven Oil & Gas LLC (In re Provident Royalties LLC). 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 September 11,2014, LexisNexis #1014-025

Spradlin v. Beads & Steeds Inns LLC (In re Howland)

Ruling: 
Trustee could not prevail on fraudulent transfer claim using "reverse veil piercing theory."
ABI Membership is required to access the full summary of Spradlin v. Beads & Steeds Inns LLC (In re Howland). 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 August 22,2014, LexisNexis #0914-094

Howell v. Trawick (In re Norton)

Ruling: 
Debtor's transfer of interest in parents' property to sibling was fraudulent.
ABI Membership is required to access the full summary of Howell v. Trawick (In re Norton). 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 August 15,2014, LexisNexis #0914-054

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

Ruling: 
Summary judgment in fraudulent transfer proceeding denied given sufficient evidence that transferees were insiders and transfer was for antecedent debt.
ABI Membership is required to access the full summary of Howell v. Fulford (In re Southern Home & Ranch Supply Inc.). 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 August 11,2014, LexisNexis #0914-055

Angell v. Montague Farms Inc. (In re Tanglewood Farms Inc.)

Ruling: 
Summary judgment in fraudulent transfer proceeding denied due to failure to demonstrate debtor's insolvency on transfer date.
ABI Membership is required to access the full summary of Angell v. Montague Farms Inc. (In re Tanglewood Farms Inc.). 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 August 04,2014, LexisNexis #0914-056

Angell v. Morris (In re Tanglewood Farms Inc.)

Ruling: 
Trustee could recover for fraudulent transfer only to the extent debtor did not receive reasonably equivalent value.
ABI Membership is required to access the full summary of Angell v. Morris (In re Tanglewood Farms Inc.). 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 July 24,2014, LexisNexis #0814-094

Pages

Subscribe to § 548(a)