SunEdison, Inc., In re--SunEdison Litig. Trust v. Seller Note, LLC
Nov
02
2020
Ruling
Two-step transfer with securities ultimately being placed with collateral agent was protectedby the safe harbor from fraudulent transfer proceedings. (Bankr. S.D.N.Y.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.
ABI Membership is required to access the full summary of SunEdison, Inc., In re--SunEdison Litig. Trust v. Seller Note, LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
JVJ Pharm. Inc., In re--LaMonica v. Harrah's Atl. City Operating Co.
Jul
24
2020
Ruling
Cash advances to debtor’s principal by casino’s agent were constructively fraudulent. (Bankr.S.D.N.Y.)
Issue(s)
Fraudulent Transfers and Obligations; Elements Of Fraudulent Transfers.
ABI Membership is required to access the full summary of JVJ Pharm. Inc., In re--LaMonica v. Harrah's Atl. City Operating Co. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Fusion Connect, Inc., In re--United States v. Fusion Connect, Inc.
Jul
09
2020
Ruling
Statutory FCC penalty for fraud committed against a third party was dischargeable. (Bankr. S.D.N.Y.)
Issue(s)
Effect of Confirmation; Discharge; Corporate Debtor Exceptions to Discharge.
ABI Membership is required to access the full summary of Fusion Connect, Inc., In re--United States v. Fusion Connect, Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
( Judge Bernstein ) [ Bankruptcy Court ]
- 11 U.S.C.
Bronx Miracle Gospel Tabernacle Word of Faith Ministries, In re
Mar
23
2020
Ruling
Trustee was entitled to take control of estate property to prevent unauthorized use. (Bankr.S.D.N.Y.)
Issue(s)
Turnover of Property to the Estate.
ABI Membership is required to access the full summary of Bronx Miracle Gospel Tabernacle Word of Faith Ministries, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Sec. Investor Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC
Jan
23
2020
Ruling
Madoff trustee's motion to propose second amended complaint was denied as he failed toplead that defendants turned a blind eye to debtor's highly probable fraud. (Bankr. S.D.N.Y.)
Issue(s)
Liability of Transferee of Avoided Transfer; Limitations on Trustee’s Right to Recover
ABI Membership is required to access the full summary of Sec. Investor Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Wonderwork, Inc., In re--Sama v. Mullaney
Jan
17
2020
Ruling
Trustee's constructive fraudulent conveyance claim dismissed where complaint failed to allegethat debtor did not receive reasonably equivalent value for the salary it paid. (Bankr. S.D.N.Y.)
Issue(s)
Fraudulent Transfers and Obligations.
ABI Membership is required to access the full summary of Wonderwork, Inc., In re--Sama v. Mullaney Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Tineo, In re
Nov
26
2019
Ruling
Debt was excepted from discharge where creditor justifiably and reasonably relied on debtor'sfalse representation. (Bankr. S.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
ABI Membership is required to access the full summary of Tineo, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Sec. Inv’r Prot. Corp. v. Bernard L. Madoff Inv. Sec., LLC
Nov
21
2019
Ruling
Trustee was entitled to avoid more than $3 million in fraudulent transfers that were made withactual intent to defraud. (Bankr. S.D.N.Y.)
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred
ABI Membership is required to access the full summary of Sec. Inv’r Prot. Corp. v. Bernard L. Madoff Inv. Sec., LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
AAGS Holdings, LLC, In re
Nov
12
2019
Ruling
Creditor's motion to dismiss case was denied where evidence did not show that the debtorfiled the Chapter 11 case without any intention to reorganize. (Bankr. S.D.N.Y.)
Issue(s)
Conversion or Dismissal.
ABI Membership is required to access the full summary of AAGS Holdings, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Waypoint Leasing Holdings, In re
Sep
10
2019
Ruling
Losing bidder as assignee of debtor lacked standing to challenge sale of assets to good faithpurchaser. (Bankr. S.D.N.Y.)
Issue(s)
Use, Sale, or Lease of Property.
ABI Membership is required to access the full summary of Waypoint Leasing Holdings, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: