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§ 550(a)(2)

Generation Res. Holding Co., In re

Aug
14
2019
Ruling
Trustee was allowed to recover proceeds of fraudulently-transferred property. (Bankr. D. Kan.)
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred

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Commercial opinion summary, case decided on August 14, 2019 , LexisNexis #1019-041
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Securities Investor Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC (In re Madoff)

Nov
21
2016
Ruling
Trustee’s claims to recover subsequent transfers that made by initial transferee funds thatwere debtors in foreign insolvency proceedings dismissed on grounds of international comity.(Bankr. S.D.N.Y.)
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred Property; Recovery From Immediate or Mediate Subsequent Transferee.

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Commercial opinion summary, case decided on November 21, 2016 , LexisNexis #1216-112
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Mervyns LLC v. Lubert-Adler Group IV LLC (In re Mervyns Holdings LLC)

Mar
12
2010
Ruling
Subsequent transferee claim by committee of unsecured creditors against bank dismissed.
Procedural posture

Plaintiff unsecured creditors committee (the Committee) filed an adversary action to recover alleged damages from the financial transactions surrounding the sale of the debtor's assets in a private equity transaction. Defendant bank filed a motion to dismiss and the Committee filed a motion for leave to file a second amended complaint.

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Commercial opinion summary, case decided on March 12, 2010 , LexisNexis #0510-024
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Kendall v. Carbatt (In re Carbatt)

Dec
19
2006
Ruling
Transfer of marital home to former spouse for reasonably equivalent value was not avoidable nor was subsequent transfer from former spouse to her mother.
Procedural posture

Chapter 7 trustee sought to avoid the prepetition transfer by debtor to defendant ex-wife of his interest in their family home and in an unsecured promissory note pursuant to 11 U.S.C. §§ 548(a) and 544(b). He also sought to recover the transfers or their value from the wife pursuant to 11 U.S.C. § 550(a)(1) and with respect to his interest in the house, from defendant, the wife's mother, as a subsequent transferee pursuant to section 550(a)(2).

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opinion summary, case decided on December 19, 2006 , LexisNexis #0207-005
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Takena USA LLC v. Fisher

Aug
31
2006
Ruling
Bankruptcy court properly appointed receiver in case involving allegedly fraudulent transfers of intangible assets.
Procedural posture

Appellee chapter 7 trustee filed an application in the bankruptcy court for appointment of a receiver to monitor the operations of appellant, the purchaser of assets that had belonged to a chapter 7 debtor. The bankruptcy court granted the application and waived the bond requirement under 735 Ill. Comp. Stat. 5/2-415(a). The purchaser appealed.

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opinion summary, case decided on August 31, 2006 , LexisNexis #1006-061
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