1 Big Red LLC, In re--Williamson v. Guardians of Travel, LLC
Nov
29
2023
Ruling
Fraudulent transfer complaint adequately set forth debtor’s insider status with transferee.(Bankr. D. Kan.)
Issue(s)
Definitions; “Insider”.
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Court
:
- 11 U.S.C.
Cl H Winddown LLC, In re
Sep
04
2023
Ruling
Court granted the alleged insider's motion to dismiss avoidance proceeding as trustee failed toallege sufficient facts to establish his insider status. (Bankr. D. Del.)
Issue(s)
Preferences; Avoidable Transfers.
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Court
:
- 11 U.S.C.
J.E.L. Site Dev., In re--Chamber v. Delta P'ship LLC
Jul
18
2022
Ruling
Company was a non-statutory insider of debtor given that the parties had a sufficientlyclose relationship to qualify as non-statutory insiders and debtor and company's businessrelationship was not conducted at arm's length. (Bankr. M.D. Fla.)
Issue(s)
Definitions; “Insider”; Affiliate or Insider of Affiliate.
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Court
:
- 11 U.S.C.
Bullitt Utils., Inc., In re--Keats v. Cogan
Jan
24
2020
Ruling
Summary judgment on breach of fiduciary duty claim was granted in favor of creditors asthere had been no credible evidence to establish that they benefitted financially from thedebtor's failure. (Bankr. W.D. Ky.)
Issue(s)
Definitions; “Insider”; Corporation.
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Court
:
- 11 U.S.C.
TS Empl., Inc., In re--Feltman v. Kossoff & Kossoff LLP
Mar
07
2019
Ruling
The non-statutory insider exception did not apply where defendant as accountant did not exert any degree of control in perpetrating fraud. (Bankr. S.D.N.Y.)
Issue(s)
Definitions; “Insider”; Corporation.
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Court
:
- 11 U.S.C.
Haag, In re--Wilson v. Henrichs Ins. Servs.
Dec
17
2018
Ruling
Trustee's complaint failed to state a plausible claim that transferee was a statutory insider to debtors as there was no assertion that either debtor was a person in control of the transferee. (Bankr. C.D. Ill.)
Issue(s)
Definitions; “Insider”; Individual.
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Court
:
- 11 U.S.C.
PHS Grp. Inc., In re--Pergament v. Amton Inc.
Feb
08
2018
Ruling
Court ruled that under the Wagoner doctrine, the trustee had sufficient standing to file claimsagainst the defendant as the latter had exercised sufficient control over the debtor'soperations. (Bankr. E.D.N.Y.)
Issue(s)
Definitions; “Insider”; Corporation.
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Court
:
Palmdale Hills Prop., In re--Palmdale Hills Prop. v. Argent Mgmt., LLC
Oct
12
2017
Ruling
Court ruled through statutory construction that the company was the managing agent of thedebtor within the law and was therefore a statutory insider of the debtor by law. (Bankr. C.D.Cal.)
Issue(s)
Definitions; “Insider”.
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Court
:
U.S. Bank N.A. v. Vill. at Lakeridge LLC (In re Vill. at Lakeridge LLC)
Feb
08
2016
Ruling
Bankruptcy court finding that buyer was not a non-statutory insider was not clearly erroneous.
Issue(s)
Did bankruptcy court err in holding that the buyer of an unsecured claim was not a non-statutory insider of debtor?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Alpha Protective Servs., In re--Gordon v. Rogich
Mar
11
2011
Ruling
Trustee has shown that defendant was a statutory insider due to his status as a director at the time the debtor transferred money for an antecedent debt. (Bankr. M.D. Ga.)
Issue(s)
Definitions; “Insider”; Corporation.
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Court
: