§ 550

Kaler v. Slominski (In re Keeley & Grababski Land Pship)

Ruling: 
Tenant whose lease with debtor was avoided could recover cost of improvements made in good faith.
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Commercial case opionion summary, case decided on October 07,2013, LexisNexis #1113-025

Wadsworth v. High Speed Aggregate Inc. (In re Trick Techs. Inc.)

Ruling: 
Recipient of restitution was an initial transferee from whom trustee could recover payment.
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Commercial case opionion summary, case decided on July 22,2013, LexisNexis #0813-127

Tardif v. St. John the Evangelist Church (In re Engler)

Trustee filed an adversary proceeding to avoid the debtor's transfer to church under 11 U.S.C.S. § 548 and to recover the value of the transfer from the church under 11 U.S.C.S. § 550(a)(1). The parties filed cross-motions for summary judgment.
Ruling: 
Trustee could not recover allegedly fraudulent charitable donation from church that was conduit and not an initial transferee.
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Consumer case opionion summary, case decided on July 17,2013, LexisNexis #0813-022

Infinity Real Estate Invs. LLC v. Roach (In re J.T. Real Estate Invs. LLC)

Ruling: 
Trustee could recover from lienholders whose actions were part of "washing" of fraudulent transfers through third parties.
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Commercial case opionion summary, case decided on June 25,2013, LexisNexis #0913-092

Samson v. Western Capital Partners LLC (In re Blixseth)

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant Colorado limited liability company ("LLC"), seeking a determination that he could avoid a guaranty a chapter 7 debtor gave the LLC on a loan it made to the debtor's son, could recover payments and property the LLC received to repay the loan, and could recover a penalty under Montana law because the LLC charged a usurious rate of interest. The case was tried to the court.
Ruling: 
Guaranty executed within two years of petition date while debtor was insolvent for less than reasonably equivalent value could be avoided as fraudulent.
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Consumer case opionion summary, case decided on March 18,2013, LexisNexis #0413-056

Cage v. GDH Intl Inc. (In re Great Gulfcan Energy Tex. Inc.)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant transferee of real property seeking to recover the value of the property which a bankruptcy debtor transferred to its former principal for no consideration, who then transferred the property to the transferee in partial satisfaction of a judgment. The trustee and the transferee cross-moved for summary judgment.
Ruling: 
Trustee could not avoid transfer by initial transferees to subsequent transferees who took title in good faith.
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Commercial case opionion summary, case decided on March 08,2013, LexisNexis #0413-058

Pyfer v. Josantos Construction (In re National Pool Constr. Inc.)

In a previous order, the court found that payments to defendant did not constitute a preference under 11 U.S.C.S. § 547 and denied summary judgment on that basis and dismissed the complaint. The court vacated the dismissal and addressed the remaining counts of the complaint, which included avoidance and recovery of a postpetition transfer under 11 U.S.C.S. §§ 549 and 550 and disallowance of any claim by defendant under 11 U.S.C.S. § 502(d).
Ruling: 
Prepetition check honored postpetition was an unauthorized, avoidable transfer.
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Commercial case opionion summary, case decided on March 08,2013, LexisNexis #0413-057

Field v. Lindell (In re Mortgage Store Inc.)

After the court ruled that a transfer was fraudulent under both the Bankruptcy Code and state law, it found that unresolved questions of fact precluded a finding that plaintiff, a chapter 7 trustee, could recover the transfer pursuant to 11 U.S.C.S. § 550(a) from defendant transferee. The trustee filed a supplemental motion for summary judgment regarding the transferee's status as an initial or subsequent transferee.
Ruling: 
Debtor's sole principal and president who performed under purchase agreement and exercised dominion over funds was an initial transferee.
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Commercial case opionion summary, case decided on September 27,2012, LexisNexis #1212-055

Meoli v. Huntington Natl Bank (In re Teleservices Group Inc.)

Plaintiff trustee sued defendant bank to recover more than $72 million dollars in transfers the bank received either directly from the debtor or indirectly through a related company. The trustee moved for summary judgment.
Ruling: 
Transfers to bank intended to defraud equipment finance creditor avoided as fraudulent.
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Commercial case opionion summary, case decided on March 30,2012, LexisNexis #0512-070

MC Asset Recovery LLC v. Commerzbank (In re Mirant Corp.)

Plaintiff, as debtor-in-possession, sued defendants to avoid a guaranty and to recover the funds debtor paid pursuant to the guaranty. The District Court for the Northern District of Texas denied defendants' motion to dismiss based on plaintiff's alleged lack of standing, and subsequently granted summary judgment for defendants. Both sides appealed.
Ruling: 
Debtor in possession had standing to avoid guaranty and funds paid thereunder as a fraudulent transfer.
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Commercial case opionion summary, case decided on March 20,2012, LexisNexis #0412-070

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