- 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
ABI Membership is required to access the full summary of Montoya v. Goldstein (Chuza Oil Co.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Connolly Geaney Ablitt & Willard v. Durham Commer. Capital Corp., In re
Feb
27
2019
Ruling
Trustee was entitled to summary judgment where he established the elements for avoidanceof fraudulent transfers and entitlement to recovery against defendants. (Bankr. D. Mass.)
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred
ABI Membership is required to access the full summary of Connolly Geaney Ablitt & Willard v. Durham Commer. Capital Corp., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Wolf, In re--Reid v. Wolf
Nov
19
2018
Ruling
Court concluded that a money judgment would be entered against a son of debtor based onhis liability as an initial transferee of 51 percent of certain corporate stock. (Bankr. N.D. Ill.)
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred
ABI Membership is required to access the full summary of Wolf, In re--Reid v. Wolf Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Peregrine Fin. Grp, Inc., In re--Bodenstein v. Univ. of N. Iowa
Jul
11
2018
Ruling
Trustee failed to prove that university is an entity from whom he can recover fraudulenttransfer as the university could not be held liable as an initial transferee because it was a mereconduit for a foundation that the CEO had made a pledge to donate to. (Bankr. N.D. Ill.)
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred Property; Recovery From Initial Transferee.
ABI Membership is required to access the full summary of Peregrine Fin. Grp, Inc., In re--Bodenstein v. Univ. of N. Iowa Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Walldesign, Inc., In re--Henry v. Official Comm. of Unsecured Creditors of Walldesign, Inc.
Oct
02
2017
Ruling
Corporate president could not be considered as an initial transferee as he did not havedominion over the funds in a personal capacity. (9th Cir.)
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred Property; Recovery From Initial Transferee.
ABI Membership is required to access the full summary of Walldesign, Inc., In re--Henry v. Official Comm. of Unsecured Creditors of Walldesign, Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Dearmond, In re--Russell v. Harper
Sep
21
2017
Ruling
Trustee was entitled to monetary judgment from transferee as the transferee was also held liable for debtor's fraudulent transfers. (Bankr. E.D. Tenn.)
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred Property; Recovery From Initial Transferee.
ABI Membership is required to access the full summary of Dearmond, In re--Russell v. Harper Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Brooke Corp., In re--Redmond v. NCMIC Fin. Corp.
May
15
2017
Ruling
Trustee could recover loan payments after proving that debtor was continuously insolventduring the four years preceding the filing of its bankruptcy petition. (Bankr. D. Kan.)
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred
ABI Membership is required to access the full summary of Brooke Corp., In re--Redmond v. NCMIC Fin. Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Kapila v. Gregory E. Matton P.A. (In re Am. Managed Care LLC)
Jun
28
2016
Ruling
Transfers to law firm and lawyer within two years of petition date were avoidable.
Issue(s)
Were transfers to law firm and lawyer within two years of petition date avoidable?
ABI Membership is required to access the full summary of Kapila v. Gregory E. Matton P.A. (In re Am. Managed Care LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Pankey v. Pankey (In re Pankey)
Apr
06
2015
Ruling
Debtor's attorneys were not liable for amounts transferred to third parties relating to debtor's personal injury claim but was liable for retaining portion of settlement as unapproved fee.
Issue(s)
Were debtor's attorneys liable to the estate for payment of funds from the debtor's personal injury settlement to third parties to satisfy claims relating to the personal injury case?
ABI Membership is required to access the full summary of Pankey v. Pankey (In re Pankey) 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
: