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§ 548(d)(2)(A)

Sterman, In re

Ruling
Transfers to or for the benefit of debtors' daughters after they reached the age of 21 for collegetuition and related expenses were avoidable as constructive fraudulent transfers if the debtorswere insolvent at the times the transfers were made. (Bankr. S.D.N.Y.)
Issue(s)
Fraudulent Transfers and Obligations; Standards; Value; “Value” Defined.

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Consumer opinion summary, case decided on December 04, 2018 , LexisNexis #0119-019

Musselman v. David Jones Ins. Inc. (In re Florida Eco-Safaris Inc.)

Ruling
Payments to transferee that had provided a loan to debtor to allow debtor to purchase insurance were not avoidable.
Issue(s)
Were payments on loan extended to fund debtor's insurance payments avoidable as fraudulent?

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Commercial opinion summary, case decided on December 19, 2014 , LexisNexis #0115-058

Tavenner v. Wells Fargo Bank (In re Ferguson)

Ruling
Transfers securing antecedent debt could not be avoided.
Issue(s)
Could lien granted within one year of the petition date pursuant to a forbearance agreement to secure antecedent debt be avoided?.

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Consumer opinion summary, case decided on March 18, 2014 , LexisNexis #0414-025

In re Petters Co.

Ruling
Trustee could seek to recover alleged fraudulent transfer to lenders for amounts in excess of principal for which debtor Ponzi scheme operator had never received reasonably equivalent value.
Issue(s)
Could trustee avoid prepetition payments to lenders made in furtherance of debtor's Ponzi scheme as fraudulent.

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Commercial opinion summary, case decided on September 30, 2013 , LexisNexis #0214-099

Pereira v. Wells Fargo Bank N.A. (In re Gonzalez)

Ruling
Debtor's payments of mortgage obligation of mother of child of whom debtor claimed paternity were deemed not constructively fraudulent since debtor openly acknowledged paternity and thus received reasonably equivalent value for payments.
Procedural posture

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant mortgagees, seeking to recover mortgage payments made by a debtor toward the mortgage obligation of the mother of a child of whom the debtor claimed paternity. The trustee asserted that the payments were constructively fraudulent transfers under 11 U.S.C. § 548(d)(2)(A). The mortgagees moved for summary judgment.

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opinion summary, case decided on May 19, 2006 , LexisNexis #0606-129