Anderson v. Sandstone Estates LLC (In re S & W Intl Food Specialies Inc.)

Apr

2006

Ruling

Transfer was deemed fraudulent, and trustee was entitled to recover from home builder, which was deemed initial transferee.

Procedural posture

Plaintiff chapter 7 trustee's filed an adversary proceeding against defendant home builder seeking to avoid a fraudulent transfer pursuant to 11 U.S.C. § 548 and to recover funds pursuant to 11 U.S.C. § 550. The home builder filed a motion for partial summary judgment contending that it was not an initial transferee under section 550(a). The Trustee filed a cross-motion for summary judgment.

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Court :

Northern District of Georgia ( Judge Murphy ) [ Bankruptcy Court ]

opinion summary, case decided on April 10, 2006 , LexisNexis #0606-130

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11 U.S.C.

Andreini & Co. v. Pony Express Delivery Servs.

Feb

2006

Ruling

Court reversed a district court ruling by finding that an insurance broker was not a creditor that held a debt owed and, thus, was not an initial transferee from which payments could be recovered.

Procedural posture

Appellant broker challenged a decision from the District Court for the Northern District of Georgia, which affirmed a bankruptcy court's decision to grant summary judgment in favor of appellee debtor in a dispute over an alleged preferential transfer.

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Court :

Judge or Jurisdiction information not available

opinion summary, case decided on February 27, 2006 , LexisNexis #0306-060

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11 U.S.C.
- § 550
- § 550(f)

First Conn. Consulting Grp., Inc., In re--Coan v. Licata

May

1997

Ruling

Trustee's claims were not time-barred as the statute of limitations had not been triggered for any initial or subsequent transferees. (Bankr. D. Conn.)

Issue(s)

Liability of Transferee of Avoided Transfer; Statute of Limitations.

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Court :

District of Connecticut ( Judge Tancredi ) [ Bankruptcy Court ]

Commercial opinion summary, case decided on May 01, 1997 , LexisNexis #0523-094

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