- 11 U.S.C.
Wadsworth v. High Speed Aggregate Inc. (In re Trick Techs. Inc.)
Jul
22
2013
Ruling
Recipient of restitution was an initial transferee from whom trustee could recover payment.
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- 11 U.S.C.
Tardif v. St. John the Evangelist Church (In re Engler)
Jul
17
2013
Ruling
Trustee could not recover allegedly fraudulent charitable donation from church that was conduit and not an initial transferee.
Procedural posture
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.
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- 11 U.S.C.
Pyfer v. Josantos Construction (In re National Pool Constr. Inc.)
Mar
08
2013
Ruling
Prepetition check honored postpetition was an unauthorized, avoidable transfer.
Procedural posture
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).
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- 11 U.S.C.
Redmond v. NCMIC Fin. Corp. (In re Brooke Corp.)
Mar
13
2012
Ruling
Allegedly fraudulent transfer of operating expenses and loan payments to others could not be recovered from lender that allegedly benefitted.
Procedural posture
Chapter 7 trustee sought to avoid allegedly fraudulent transfers made by the debtors and to recover the value thereof from defendant, a finance corporation and lender (lender). As to one of the counts, the lender moved for summary judgment under Fed. R. Civ. P. 56, made applicable by Fed. R. Bankr. P. 7056, on the basis that it could not be liable within the meaning of 11 U.S.C.S. § 550(a)(1).
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- 11 U.S.C.
Kirschenbaum v. Leeds Morelli & Brown PC (In re Robert Plan of N.Y. Corp.)
May
05
2011
Ruling
Transfers to law firm's trustee account were avoidable but could not be recovered after subsequent transfer to law firm itself.
Procedural posture
Chapter 7 trustee filed an adversary proceeding in which it sought to avoid and recover transfers from the debtor to defendant law firm under 11 U.S.C.S. §§ 547(b) and 550. The court conducted a trial on the matter.
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- 11 U.S.C.
Northrup v. Magnum Oilfield Servs. (In re Aspen Exploration Inc.)
Apr
28
2010
Ruling
Unauthorized postpetition transfer to initial transferee could be avoided.
Procedural posture
In this adversary proceeding, plaintiff Trustee sought to avoid and to recover a $ 150,000 postpetition transfer under authority of 11 U.S.C.S. §§ 549, 550. Defendant transferee's answer denied the material allegations of the complaint. The Trustee moved for summary judgment.
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- 11 U.S.C.
Terry v. Meredith (In re Meredith)
Jun
03
2008
Ruling
Transfer of accounting practice from debtor to corporate successor was not recoverable from nominal president of successor who did not benefit from the transfer.
Procedural posture
Appellant bankruptcy trustee brought an adversary proceeding against appellee, the president of a corporate successor of debtor, claiming that he was entitled to recover the value of certain assets fraudulently transferred from the bankruptcy estate, pursuant to 11 U.S.C.S. § 550(a)(1). The bankruptcy court and U.S. District Court for the Eastern District of Virginia, at Richmond, rejected the trustee's claim. The trustee appealed.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Zimmerman v. Maney
Apr
30
2008
Ruling
Bankruptcy court properly avoided transfer of balance of proceeds of estate property sale where no abandonment had occurred.
Procedural posture
Appellants, officers of a corporation that sold property of debtors, a married couple who filed a chapter 13, challenged an order of the Bankruptcy Court for the District of Arizona granting summary judgment to the chapter 13 trustee on a claim to avoid transfer of the property to defendants, including appellants and others, and holding said parties jointly and severally liable for the proceeds thereof per 11 U.S.C.S. § 550(a)(1).
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- 11 U.S.C.
Boyer v. Belavilas
Jan
05
2007
Ruling
Transfer of insurance proceeds to minor childrens'trust and then to entities controlled by debtor was recoverable.
Procedural posture
Appellants, a mother and two minor children, appealed from the District Court for the Northern District of Indiana, which affirmed the bankruptcy judge's order holding making the mother, father, and children jointly and severally responsible for paying $183,130 to the bankruptcy estate from custodial accounts established under the Uniform Transfers to Minors Act ("UTMA"). Appellee trustee opposed the appeal.
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- 11 U.S.C.
Schechter v. 5841 Bldg. Corp. (In re Hansen)
May
12
2006
Ruling
President of a corporate transferee of debtor payments was granted summary judgment on fraudulent transfer claim since the president was not the "initial transferee" and did not benefit from the transfer.
Procedural posture
Plaintiff, the chapter 7 trustee, filed an adversary proceeding under 11 U.S.C. § 548 against defendants, a corporation that was the transferee of debtor's payments, the subsequent recipient of the payments, and the president of both of those entities, to recover debtor's payments as fraudulent transfers. Following the close of discovery, the entities' president moved for summary judgment.
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