- 11 U.S.C.
Nail, In re--Richardson v. Younce
Jan
11
2023
Ruling
Judgment should be entered in favor of plaintiff trustee in avoidance proceeding where debtor made a gift to her son and received nothing in exchange for the transfer. (Bankr. W.D. Mich.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.
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Court
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- 11 U.S.C.
Huffman, In re--Meoli v. Villarreal
Oct
31
2022
Ruling
Bankruptcy judge recommended avoidance of transfers that were preferential and fraudulent.(Bankr. W.D. Mich.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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Court
:
- 11 U.S.C.
Motiva Performance Eng'g, LLC, In re--Montoya v. Ferguson
Oct
07
2022
Ruling
Plaintiff’s amendment to complaint against debtor car remodeler to add additional cars wasnot a new claim since plaintiff merely sought to apply existing causes of action to newlydiscovered facts and transfers. (Bankr. D.N.M.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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Judge or Jurisdiction information not available
- 11 U.S.C.
Griddy Energy LLC, In re--Nelms v. TXU Retail Energy Co. LLC
Oct
06
2022
Ruling
Plan administrator was not entitled to avoid and recover the value of its right to do businesswith customers that were transferred as debtor had no interest in its customers under statelaw. (Bankr. S.D. Tex.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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Court
:
- 11 U.S.C.
Teston, In re--Teston v. Univ. Sys. of Md.
Oct
03
2022
Ruling
Student, not the university, was the initial transferee of tuition funds paid during a periodwhere the payments were refundable and therefore the university had a good faith defense toavoidance. (Bankr. D. Md.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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Court
:
- 11 U.S.C.
Bayou Steel Bd Holdings, L.L.C., In re--Miller v. Black Diamond Cap. Mgmt., L.L.C.
Aug
03
2022
Ruling
Trustee's constructive fraudulent transfer claims dismissed as the consideration received bythe debtors on account of the term loan was reasonably equivalent to the value of the liengrant. (Bankr. D. Del.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
Chuza Oil Co., In re--Montoya v. Goldstein
May
27
2022
Ruling
Final judgment to the extent it awarded relief to defendants on the actual-fraudulent-transfercount was proper as each transfer was a preferential transfer of an interest of debtor inproperty. (B.A.P. 10th Cir.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
Hankins, In re--Hankins v. CKK Props., LLC
May
23
2022
Ruling
Debtor could avoid a pre-petition transfer of real estate as constructively fraudulent as thetransferee gave less than reasonably equivalent value by paying a mortgage arrearage andpromising to make future mortgage payments. (Bankr. E.D. Ky.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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Court
:
- 11 U.S.C.
Pacific Links United States Holdings, In re
May
04
2022
Ruling
Guarantors could avoid obligations they incurred and the transfers they made to a limitedpartnership in the form of mortgages and security interests as the transactions left theircreditors worse off. (Bankr. D. Haw.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
McCallan, In re--Wilkins v. McCallan
Mar
01
2022
Ruling
Debtor's wife waived her right to a jury trial and impliedly consented to final adjudication bythe bankruptcy court by failing to timely file the motion to withdraw the reference. (Bankr.M.D. Ala.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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