- 11 U.S.C.
Musselman v. David Jones Ins. Inc. (In re Florida Eco-Safaris Inc.)
Mar
31
2015
Ruling
Insurance agency failed to show that it was a mere conduit for fraudulently transferred funds.
Issue(s)
Were payments by eco-safari company to insurance company fraudulent transfers?
ABI Membership is required to access the full summary of Musselman v. David Jones Ins. Inc. (In re Florida Eco-Safaris Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Finley Group v. N.C. (In re Redf Mktg. LLC)
Mar
10
2015
Ruling
Proceeding to recover proceeds of fraudulent transfer from state was not barred by sovereign immunity.
Issue(s)
Was avoidance proceeding to recover transfer from state barred by operation of sovereign immunity?
ABI Membership is required to access the full summary of Finley Group v. N.C. (In re Redf Mktg. LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Coan v. MDC Corp. (In re Louis Gherlone Excavating Inc.)
Dec
19
2014
Ruling
Postpetition transfer of funds by third party was not avoidable but transfer made directly by debtor was avoidable.
Issue(s)
Were postpetition transfers by debtor and debtor's owner and principal avoidable as unauthorized?
ABI Membership is required to access the full summary of Coan v. MDC Corp. (In re Louis Gherlone Excavating Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Mano-Y&M Ltd. v. Field (In re Mortgage Store Inc.)
Dec
05
2014
Ruling
Seller of shopping center properly held to be initial transferee of funds from debtor.
Issue(s)
Did the district court properly hold that owner/seller of shopping center was the initial transferee of funds paid by the debtor in connection with the sale?
ABI Membership is required to access the full summary of Mano-Y&M Ltd. v. Field (In re Mortgage Store Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Agin v. PNC Mortg. (In re Spodris)
Sep
04
2014
Ruling
Post-avoidance money judgment denied.
Issue(s)
Was trustee entitled to money damages for value of property found to have been preferentially transferred pursuant to prior default judgment in an adversary proceeding?
ABI Membership is required to access the full summary of Agin v. PNC Mortg. (In re Spodris) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Kerr v. Roeser (In re Hackney)
Apr
02
2014
Ruling
Summary judgment in fraudulent transfer proceeding denied due to issues of fact concerning lender's good faith and due diligence.
Issue(s)
Should lender be granted summary judgment in fraudulent transfer proceeding for acting in good faith in the subject transaction?
ABI Membership is required to access the full summary of Kerr v. Roeser (In re Hackney) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Menotte v. United States (In re Custom Contractors LLC)
Mar
26
2014
Ruling
IRS not liable for fraudulent tax payment which was subsequently refunded to debtor's principal.
Issue(s)
Could trustee avoid an allegedly fraudulent transfer made by debtor to the IRS towards the tax liability of its principal that was subsequently refunded, or was the IRS a mere conduit?
ABI Membership is required to access the full summary of Menotte v. United States (In re Custom Contractors LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Stiles v. Vaden (In re Bechtold)
Feb
14
2014
Ruling
Trustee's complaint that was adequate with respect to debtors' unauthorized sale of residence ordered amended to set forth recovery sought.
Issue(s)
Should trustee's proceeding for avoidance of debtor's unauthorized sale of residence and recovery of value of residence, plus closing disbursements, be dismissed due to inadequately stated claims and failure to join indispensible parties?
ABI Membership is required to access the full summary of Stiles v. Vaden (In re Bechtold) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Weisfelner v. Fund 1 (In re Lyondell Chem. Co.)
Jan
14
2014
Ruling
Fraudulent transfer claims by creditor trust against holders of debtor's stock and based on assigned claims dismissed.
Issue(s)
Could trust acting as assignee of unsecured creditors maintain fraudulent transfer claims arising against debtor as a consequence of its LBO.
ABI Membership is required to access the full summary of Weisfelner v. Fund 1 (In re Lyondell Chem. Co.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Hyman v. Bast Amron LLP (In re Cargo Transp. Servs.)
Nov
26
2013
Ruling
Law firm acting as conduit for settlement proceeds was not an initial transferee.
Issue(s)
Whether a law firm was an initial transferee under 11 U.S.C.S. § 550(a)(1) where a chapter 11 debtor made six 11 U.S.C.S. § 547 preferential transfers to the firm as part of a settlement agreement in a preference action in another chapter 11 case and where the firm deposited the funds into its trust account.
ABI Membership is required to access the full summary of Hyman v. Bast Amron LLP (In re Cargo Transp. Servs.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: