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§ 548(e)

Cyr, In re--Rodriguez v. Cyr

Apr
01
2019
Ruling
Motion to dismiss was denied as trustee's cause of action under § 548(e)(1) is not subject to adetermination of whether transferred trust assets transferred are self-settled. (Bankr. W.D. Tex.)
Issue(s)
Fraudulent Transfers and Obligations; Transfers Made Within 10 Years Before Filing

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Consumer opinion summary, case decided on April 01, 2019 , LexisNexis #0619-041
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Waldron v. Huber (In re Huber)

May
17
2013
Ruling
Transfers to trust with multiple badges of fraud were avoidable.
Procedural posture

Bankruptcy trustee brought an adversary proceeding against bankruptcy debtor seeking a determination that transfers of the debtor's assets into a trust settled by the debtor were avoidable as fraudulent transfers under 11 U.S.C.S. § 548(e)(1) and state law. The trustee moved for summary judgment.

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Consumer opinion summary, case decided on May 17, 2013 , LexisNexis #0613-095
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Quality Meat Prods. LLC v. PorCo Inc. (In re PorCo Inc.)

Mar
30
2011
Ruling
Alleged fraudulent transfer could not be avoided where state statute of limitations had run.
Procedural posture

Plaintiff creditor brought a two-count adversary complaint against defendants, the debtor corporation and its principal, seeking, in part, to set aside a transfer of real property from 4 and a half years prior, pursuant to 11 U.S.C.S. § 544(b) and 740 ILCS 160/5(a), and under 11 U.S.C.S. § 548(e). Debtor and its principal moved to dismiss the complaint for failure to state a claim for relief.

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Commercial opinion summary, case decided on March 30, 2011 , LexisNexis #0411-123
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