Deutsche Bank Trust Co. Ams. v. Large Private Beneficial Owners (In re Tribune Co. Fraudulent Conveyance Litig.)
Mar
29
2016
Ruling
Transfers were made to financial intermediaries as settlement payments in a securities transaction or is a transfer in connection with a securities contract and were protected from avoidance.
Issue(s)
Whether unsecured creditors are barred by the Bankruptcy Code's automatic stay provision from bringing state law, constructive fraudulent conveyance claims while avoidance proceedings against the same transfers brought by a party exercising the powers of a bankruptcy trustee on an intentional fraud theory are ongoing and, if not, whether the creditors' state law, constructive fraudulent conveyance claims are preempted by section 546(e).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Templeton v. Milby (In re Milby)
Feb
24
2016
Ruling
Bankruptcy court erroneously dismissed trustee's fraudulent transfer claims by erroneously finding that trustee's delay in bringing the claims barred application of equitable tolling.
Issue(s)
Whether the bankruptcy court erroneously applied the doctrine of equitable tolling when it granted summary judgment and dismissed the First, Second, and Third Claims for Relief (to the extent they were based on fraudulent transfers alleged in paragraph 30 of the complaint) as untimely under 11 U.S.C.S. § 546(a)(1)(A).
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Court
:
Judge or Jurisdiction information not available
Sakhe, In re--Perkins v. North Park Realty Mgmt., LLC
Nov
30
2015
Ruling
Trustee's causes of action were permitted under the statute of limitations they were filedwithin two years of the trustee's appointment. (Bankr. D.N.J.)
Issue(s)
Limitations on Avoiding Powers; Statute of Limitations.
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Court
:
Judge or Jurisdiction information not available
Buchwald Capital Advisors LLC v. Papas (In re Greektown Holdings LLC)
Nov
24
2015
Ruling
Wire transfers that were settlement payments made by or to a financial institution in connection with a securities contract could not be avoided.
Issue(s)
Were allegedly constructively fraudulent wire transfers avoidable or were they protected from avoidance by the § 546(e) safe harbor provision for settlement payments made by or to a financial institution in connection with a securities contract?
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Court
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Boudreaux v. Hall Oil Co. (In re Pope Logging Inc.)
Sep
17
2015
Ruling
Equitable tolling did not apply to statute of limitations that expired prior to conversion to chapter 7 where U.S. Trustee and creditors failed to act timely to pursue claims.
Issue(s)
Was trustee's avoidance proceeding barred by the statute of limitations or did equitable tolling apply?
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Court
:
- 11 U.S.C.
Firstbank P.R. v. Mender (In re New York Mortg. Bankers Inc.)
Apr
13
2015
Ruling
Trustee's late-filed preference counterclaim against creditor dismissed as time-barred.
Issue(s)
Was trustee's counterclaim against creditor alleging that its mortgage notes were avoidable preferences time barred?
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Court
:
Colon v. Wright (In re Wright)
Mar
09
2015
Ruling
Trustee's proceeding to recover transfers made prior to conversion from chapter 11 to chapter 7 dismissed as time-barred.
Issue(s)
Should trustee's proceeding to avoid transfers made prior to conversion from chapter 11 to chapter 7 be dismissed?
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Court
:
In re Hellas Telecomms. (Lux.) II SCA
Mar
09
2015
Ruling
Unjust enrichment claim not barred by the safe harbor provision of § 546(e).
Issue(s)
Did the safe harbor provision of § 546(e) bar unjust enrichment claims?
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Court
:
- 11 U.S.C.
Templeton v. Milby (In re Milby)
Mar
02
2015
Ruling
Trustee could not avoid transfers after the limitations period had expired absent equitable tolling.
Issue(s)
Were trustee's avoidance claims barred by the statute of limitations in § 546 (a)(1)?
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Court
:
- 11 U.S.C.
Mefford v. HSBC Mortg. Servs. (In re Mefford)
Jan
07
2015
Ruling
Debtors' lien avoidance proceedings were time barred.
Issue(s)
Could debtors seek to avoid a mortgage on their property due to improper acknowledgement?
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Court
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