LLC
Oct
04
2024
Ruling
Committee of unsecured creditors' complaint did not allege facts that would establish that a debtor was a mere conduit for avoidance purposes. (Bankr. D. Del.)
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred Property.
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Alta Mesa Res., Inc., In re--Dunn v. HPS Inv. Partners, LLC
Oct
01
2024
Ruling
Trustee failed to sufficiently plead an actual benefit that was avoidable and recoverable on the
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred Property.
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Court
:
Sec. Inv. Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC
Nov
09
2023
Ruling
Adoption of complaint from another avoidance proceeding in the same action was proper anddid not prejudice defendants. (Bankr. S.D.N.Y.)
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred
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Court
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Securities Investor Prot. Corp. v. Bernard L. Madoff Inv. Secs. LLC
Oct
07
2022
Ruling
Bankruptcy court had personal jurisdiction over defendants in subsequent transfer claim whoknowingly directed debtor’s customers’ funds to be invested in Ponzi scheme. (Bankr.S.D.N.Y.)
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred
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Court
:
Sanchez Energy Corp., In re
Jul
22
2022
Ruling
Lenders had priming liens on property encumbered by senior note holders' liens pursuant tothe terms of the DIP order. (Bankr. S.D. Tex.)
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred
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Court
:
Burks, In re--Alderson FCI v. Burks
Jan
25
2022
Ruling
Trustee was entitled to post-petition payments made on a motor vehicle lien by the debtor tothe creditor as the debtor continued to make post-petition payments in order to maintainpossession of the vehicle. (Bankr. S.D. W. Va.)
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred
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Court
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Judge or Jurisdiction information not available
Peterson v. Colony Am. Fin. Lender LLC
Dec
21
2021
Ruling
Trustee's claims to recover from the first LLC the value of the properties transferred from thedebtors to the third LLC failed as the first LLC was not an initial transferee of the properties.(Bankr. N.D. Ill.)
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred
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Court
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- 11 U.S.C.
Montoya v. Goldstein (Chuza Oil Co.)
Feb
12
2021
Ruling
Chapter 7 trustee was not entitled to recover on fraudulent transfer claim against daughterof debtor’s owner as she was a mere conduit of the money at issue. (Bankr. D.N.M.)
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred
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:
Judge or Jurisdiction information not available
DSI Renal Holdings, LLC, In re--Giuliano v. Schnabel
Mar
30
2020
Ruling
Partial summary judgment in fraudulent transfer proceeding granted in favor of transfereewho met the securities safe harbor requirements. (Bankr. D. Del.)
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred
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DSI Renal Holdings, In re
Feb
04
2020
Ruling
Recoveries obtained by the trustee in avoidance proceedings actions were capped at amountnecessary to satisfy creditors and expenses. (Bankr. D. Del.)
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred
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Court
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