- 11 U.S.C.
Arregui, In re--Fink v. Arregui
Sep
22
2023
Ruling
Transfer was actually fraudulent as made by debtors with the intent to hinder, delay, ordefraud their creditors. (Bankr. W.D. Mo.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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- 11 U.S.C.
Vaughn, In re--Vaughn v. DeAngelo
Sep
19
2023
Ruling
Judgment entered in favor of defendant as the payment was for an undisputed debt, thedebtor did not retain a benefit, and the trustee had not proven that the debtor was insolvent atthe time of the transfer. (Bankr. E.D. Va.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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- 11 U.S.C.
Cl H Winddown LLC, In re
Sep
05
2023
Ruling
Motion to dismiss avoidance proceeding granted where trustee failed to allege that thetransfers were made for inadequate consideration. (Bankr. D. Del.)
Issue(s)
Preferences; Avoidable Transfers.
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- 11 U.S.C.
Bonar, In re--Dye v. Bonar
Aug
28
2023
Ruling
Trustee was entitled to summary judgment on her claim that the transfer of residentialproperty was actually fraudulent. (Bankr. C.D. Cal.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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- 11 U.S.C.
TransCare Corp., In re--Lamonica v. Tilton
Aug
28
2023
Ruling
Foreclosure and sale of collateral by a director of the debtor to herself without a showing offair price was a fraudulent conveyance. (2d Cir.)
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.
1960 Fam. Practice, P.A., In re--Engelhart v. Nguyen
Jul
13
2023
Ruling
Movants were entitled to a jury trial as the breach of fiduciary duty claim was primarily legalin nature and fraudulent transfer claims also gave rise to a jury trial right. (Bankr. S.D. Tex.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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- 11 U.S.C.
Martino, In re--Pergament v. Martino
Jun
05
2023
Ruling
Debtor's provision of room and board in family home to 21-year-old son did not constitute constructive fraudulent conveyances. (Bankr. E.D.N.Y.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.
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:
- 11 U.S.C.
Najeeb Ahmed Khan, In re--Iammartino v. Lake City Bank
May
30
2023
Ruling
Dismissal of complaint in avoidance proceeding based on the in pari delicto defense was not warranted as it was too early in the proceedings to determine the doctrine's application. (Bankr. W.D. Mich.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Actual Intent to Hinder, Delay, or Defraud.
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:
- 11 U.S.C.
Weed Cellars, Inc., In re--Miller v. W Licensing, LLC
May
26
2023
Ruling
Transfers under licensing agreement were not avoidable as debtor received reasonable equivalent value. (Bankr. C.D. Cal.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.
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:
- 11 U.S.C.
Salas, In re--Brekelmans v. Salas
May
23
2023
Ruling
Property owner was entitled to summary judgment on the fraudulent conveyance claims as personal representatives were collaterally estopped from relitigating the issue of ownership. (Bankr. M.D. Tenn.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.
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