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?
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Court
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Judge or Jurisdiction information not available
- 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.
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Court
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- 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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Court
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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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Court
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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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Court
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Field v. Lindell (In re Mortgage Store Inc.)
Sep
27
2012
Ruling
Debtor's sole principal and president who performed under purchase agreement and exercised dominion over funds was an initial transferee.
Procedural posture
After the court ruled that a transfer was fraudulent under both the Bankruptcy Code and state law, it found that unresolved questions of fact precluded a finding that plaintiff, a chapter 7 trustee, could recover the transfer pursuant to 11 U.S.C.S. § 550(a) from defendant transferee. The trustee filed a supplemental motion for summary judgment regarding the transferee's status as an initial or subsequent transferee.
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Court
:
- 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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Court
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Tronox Inc. v. Anadarko Petroleum Corp. (In re Tronox Inc.)
Jan
20
2012
Ruling
Debtor's recovery on fraudulent transfer claims was not capped by §550(a).
Procedural posture
Chapter 11 debtor filed a complaint seeking to establish that a transfer of assets in a spin-off was an intentional or constructive fraudulent conveyance under 11 U.S.C.S. §§ 548 or 544(b). Both parties moved for partial summary judgment. Defendant transferee sought a ruling that 11 U.S.C.S. § 550 capped the debtor's recovery on its claims at the amount of unpaid creditor claims. The debtor sought a ruling that § 550 imposed no cap.
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Court
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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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Court
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White v. Wachovia Dealer Servs. (In re Wyatt)
Nov
17
2010
Ruling
Trustee could avoid lien on debtor's truck and recover postpetition payments to secured creditor.
Procedural posture
Chapter 7 trustee commenced this adversary proceeding against defendant lender seeking to recover postpetition payments made by the debtor to the lender with respect to the loan on the debtor's truck. The parties filed cross-motions for summary judgment.
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Court
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