Parks v. Scott (In re Steele)
May
11
2006
Ruling
Trustee was entitled to recover debtor's equitable interest in vehicle fraudulent transferred to debtor's domestic partner.
Procedural posture
A bankruptcy trustee filed an adversary proceeding pursuant to 11 U.S.C. § 548(a) to avoid an alleged fraudulent transfer by debtor to defendant domestic partner of the debtor's interest in a pickup truck, a boat, and a trailer (collectively referred to as the "property"). The trustee sought to avoid the transfer as it was without receipt of reasonably equivalent value while the debtor was insolvent.
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Court
:
- 11 U.S.C.
Dobin v. Hill (In re Hill)
May
09
2006
Ruling
Transfers to spouse in divorce settlement were deemed avoidable fraudulent transfers since the transfers disproportionately favored the spouse and were intended to deprive creditors of assets.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant, the former spouse of a bankruptcy debtor, seeking to avoid transfers from the debtor to the spouse in a divorce settlement as fraudulent transfers under 11 U.S.C. § 548(a)(1)(A). The trustee asserted that the settlement was disproportionately favorable to the spouse and was intended to deprive creditors of the debtor's assets.
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Court
:
- 11 U.S.C.
Rieser v. Hayslip (In re Canyon Sys. Corp.)
Mar
31
2006
Ruling
Transfers were deemed avoidable since they were made with actual intent to hinder, delay, or defraud creditors.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against several defendants, who were former investor clients of the debtor, seeking to avoid transfers from the debtor under both 11 U.S.C. § 548 and the Ohio Uniform Fraudulent Transfers Act ("UFTA") (exercising his "strong-arm" powers under 11 U.S.C. § 544(b)). The parties filed cross-motions for partial summary judgment.
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Court
:
- 11 U.S.C.
Kapila v. WLN Family Ltd. Pship (In re LeNeve)
Mar
08
2006
Ruling
Fraudulent transfer claims were dismissed since debtor received value in making transfers and was repaying investor with no shown fraudulent intent.
Procedural posture
Plaintiff chapter 7 trustee, having established that debtor fraudulently operated numerous businesses as instrumentalities and alter egos of himself, completely disregarding the legal status thereof, sought to recover a total of $957,215 in purportedly fraudulent transfers received by defendant, an investor in debtor's schemes, pursuant to 11 U.S.C. § 548(a)(1)(A) and Fla. Stat. § 726.105(1)(a)
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Court
:
Silverman v. Pauls Landmark Inc. (In re Nirvana Rest.)
Feb
24
2006
Ruling
Trustee was denied a motion to avoid a transfer of a guaranty under the Code and New York law since the trustee failed to show constructive fraudulence.
Procedural posture
Plaintiff, the chapter 7 trustee, commenced an adversary proceeding against defendant transferee to avoid, under New York law and 11 U.S.C. § 548(a), a guaranty given by debtor for the benefit of an affiliate, and to recover the rent payments made in connection with the guaranty. The matter was before the court for trial.
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Court
:
- 11 U.S.C.
French v. Liebmann (In re French)
Feb
14
2006
Ruling
Judgment that the debtors' transfer of foreign property was avoidable as constructively fraudulent was affirmed.
Procedural posture
In a debtor's chapter 7 proceeding, appellee trustee filed an adversary proceeding against appellant transferees to avoid the debtor's transfer of foreign property to the transferees. The bankruptcy court found the transfer to be constructively fraudulent under 11 U.S.C. § 548(a)(1)(B), the District Court for the District of Maryland affirmed. The transferees appealed.
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- 11 U.S.C.
In re Lary
Feb
10
2006
Ruling
Trustee was allowed to avoid a transfer as fraudulent since the debtor had received less than a reasonably equivalent value for the property and became insolvent as a result of the tr ansfer.
Procedural posture
Plaintiff chapter 7 trustee brought an adversary proceeding against defendant debtor's sister and her bankruptcy trustee pursuant to 11 U.S.C. § 548(a)(1)(B), seeking to avoid a fraudulent transfer and the return of a one-half undivided interest in real property that the chapter 7 debtor had transferred to the sister. The court held a trial.
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Court
:
- 11 U.S.C.
Manuel v. Walker (In re Zimmer)
Jan
23
2006
Ruling
Trustee was entitled to avoid property transfer since it was clear the parents of one of the debtors had intended to transfer more than bare legal title.
Procedural posture
The case was before the court upon plaintiff chapter 7 trustee's complaint against defendant transferees seeking to avoid and recover a transfer of real property pursuant to 11 U.S.C. § 548.
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Court
:
- 11 U.S.C.
Mangiulli v. Rameker (In re Mangiulli)
Jan
09
2006
Ruling
Property tax assessments were not reliable indication of market value in determining if conveyance was fraudulent.
Procedural posture
Pursuant to 11 U.S.C. § 548, plaintiff chapter 7 trustee filed an adversary proceeding complaint against defendant, a Wisconsin village, seeking to recover an alleged fraudulent conveyance made to the village by two chapter 7 debtors. The trustee appealed, pursuant to 28 U.S.C. § 158, after the bankruptcy court granted summary judgment to the village on his fraudulent conveyance claim.
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Court
:
- 11 U.S.C.
Kendall v. Turner (In re Turner)
Dec
05
2005
Ruling
Home transfer was deemed an actually and constructively fraudulent transfer where the debtor set up alter ego companies to protect assets and defraud creditors.
Procedural posture
Two adversary proceedings were consolidated for trial. In one action, plaintiff, the chapter 7 trustee, brought a fraudulent transfer action against defendants, debtor's former spouse, et al. In the second action, plaintiffs, two individuals who alleged conduct against debtor in another matter that was found by a jury to be tortious, filed an objection to discharge action. The proceedings were before the court for decision following trial.
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Court
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