- 11 U.S.C.
Black Elk Energy Offshore Operations, LLC, In re--Schmidt v. Rechnitz
Aug
14
2024
Ruling
Bankruptcy court did not err by holding that appellants were not good faith transferees asagent’s knowledge of voidability could be imputed to debtor’s individual principals. (5th Cir.)
Issue(s)
Liability Of Transferee Of Avoided Transfer; Limitations On Trustee’s Right to
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Judge or Jurisdiction information not available
Kossoff PLLC, In re--Togut v. Roc Le Triomphe Assocs. LLC
Apr
19
2024
Ruling
Court denied motion for judgment on the pleadings with respect to the holder in due coursedefense due to questions of fact. (Bankr. S.D.N.Y.)
Issue(s)
Liability of Transferee of Avoided Transfer; Limitations on Trustee’s Right to Recover
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- 11 U.S.C.
LuMee LLC, In re--LuMee LLC v. Fernandez
Dec
22
2023
Ruling
Transfer made while debtor was insolvent could be avoided due to transferee’s lack of goodfaith. (Bankr. D. Utah)
Issue(s)
Liability Of Transferee Of Avoided Transfer; Limitations On Trustee’s Right to
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Adamo, In re--Pergament v. Hofstra Univ.
May
19
2020
Ruling
Debtor’s tuition payments on behalf of children were not avoidable where universities werethe subsequent transferees of the payments. (Bankr. E.D.N.Y.)
Issue(s)
Liability of Transferee of Avoided Transfer; Limitations on Trustee’s Right to Recover
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Sec. Investor Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC
Jan
23
2020
Ruling
Madoff trustee's motion to propose second amended complaint was denied as he failed toplead that defendants turned a blind eye to debtor's highly probable fraud. (Bankr. S.D.N.Y.)
Issue(s)
Liability of Transferee of Avoided Transfer; Limitations on Trustee’s Right to Recover
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- 11 U.S.C.
Desmond v. Am. Express Centurion Bank, Inc. (In re Callas)
Sep
28
2016
Ruling
Payments on antecedent credit card debt accepted in good faith were not avoidable. (Bankr.N.D. Ill.)
Issue(s)
Could the trustee avoid and recover allegedly preferential or fraudulent transfers made by debtor's non-filing spouse?
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- 11 U.S.C.
Brandt v. Horseshoe Hammond LLC (In re Equip. Acquisition Res. Inc.)
Oct
13
2015
Ruling
Transfers of debtor's property by debtor's owner to casino properly held not to be avoidable pursuant to good faith defense.
Issue(s)
Could debtor's plan administrator recover funds transferred from debtor to debtor's original owner from the casino where the owner spent the funds?
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Judge or Jurisdiction information not available
Stiles v. Robbins (In re Robbins)
Aug
21
2015
Ruling
Transfers to subsequent transferees who accepted in good faith for value were not avoidable.
Issue(s)
Could transfers of funds paid by debtors to construction company, which paid the funds to third parties as subsequent transferees, be recovered from the third parties?
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- 11 U.S.C.
Infinity Real Estate Invs. LLC v. Roach (In re J.T. Real Estate Invs. LLC)
Jun
25
2013
Ruling
Trustee could recover from lienholders whose actions were part of "washing" of fraudulent transfers through third parties.
Issue(s)
Could trustee sell recovered property that had been fraudulently transferred and then liened and assigned to an entity with same ownership as debtor?
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- 11 U.S.C.
Cage v. GDH Intl Inc. (In re Great Gulfcan Energy Tex. Inc.)
Mar
08
2013
Ruling
Trustee could not avoid transfer by initial transferees to subsequent transferees who took title in good faith.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant transferee of real property seeking to recover the value of the property which a bankruptcy debtor transferred to its former principal for no consideration, who then transferred the property to the transferee in partial satisfaction of a judgment. The trustee and the transferee cross-moved for summary judgment.
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