- 11 U.S.C.
Picard v. Legacy Capital Ltd. (In re Bernard L. Madoff Inv. Sec. LLC)
Mar
14
2016
Ruling
Fraudulent transfer proceeding against recipient of Ponzi scheme distributions dismissed except to the extent seeking to recover fictitious profits.
Issue(s)
Could the Madoff trustee avoid and recover approximately $213 million in initial transfers made to investor and approximately $6.6 million in subsequent transfers made to accounting service?
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Court
:
- 11 U.S.C.
In re Dreier LLP
Jan
04
2016
Ruling
Creditors did not have secured interest in settlement funds that debtor law firm commingled with other funds held in trust and spent prior to petition date.
Issue(s)
Did creditors have a secured interest in settlement funds that debtor law firm placed in a trust account in which client funds were commingled with operating funds and the proceeds of a note fraud scheme?
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Court
:
- 11 U.S.C.
Beach Lane Mgmt. v. White (In re White)
Dec
18
2015
Ruling
Discharge denied as to debtor spouse who failed to keep and preserve financial records but not as to debtor whose record keeping was reasonable.
Issue(s)
Should discharge be denied against married debtors due to failure to keep adequate records of their respective businesses?
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Court
:
- 11 U.S.C.
Picard v. Shapiro (In re Bernard L. Madoff Inv. Secs. LLC)
Nov
25
2015
Ruling
Madoff trustee could only recover intentional fraudulent transfers made within two years of petition date absent actual knowledge of Ponzi scheme or failure to conduct securities transactions.
Issue(s)
Should Madoff trustee's proceeding to avoid transfers to account owner and family be dismissed?
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Court
:
- 11 U.S.C.
Hough v. Margulies (In re Margulies)
Nov
16
2015
Ruling
Debt was nondischargeable where debtor willfully and maliciously drove car into creditor to cause injury.
Issue(s)
Was judgment debt for striking creditor with motor vehicle nondischargeable as based on willful and malicious injury?
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Court
:
- 11 U.S.C.
In re Hawker Beechcraft Inc.
Oct
19
2015
Ruling
Employment discrimination claims disallowed as barred by res judicata.
Issue(s)
Should former employees' discrimination claims be dismissed due to state court summary judgment in favor of debtor on same claims?
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Court
:
- 11 U.S.C.
In re Fairfield Sentry Ltd.
Oct
13
2015
Ruling
Foreign representative's motion to disapprove sale of Madoff claim for less than adequate price granted.
Issue(s)
Should sale of chapter 15 debtor's claim in the Madoff liquidation be set aside on remand pursuant to review under § 363?
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Court
:
In re Old Carco LLC
Oct
08
2015
Ruling
Sale of debtor's assets free and clear barred states from calculating purchaser's unemployment insurance tax rate based on debtor's experience rating.
Issue(s)
Did the police and regulatory exception allow states to use debtor's experience rating in calculating the insurance rate for entity that purchased debtor's assets free and clear ?
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Court
:
In re Bernard L. Madoff Inv. Secs. LLC
Aug
11
2015
Ruling
Dismissal of avoidance proceedings denied as feeder fund transferees were sophisticated financial professionals who knew that the operator of a Ponzi scheme was reporting fictitious transactions and took steps to prevent any inquiry.
Issue(s)
Should avoidance proceedings against feeder funds that received transfers from the Madoff Ponzi scheme be dismissed?
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Court
:
In re Reyes
Aug
04
2015
Ruling
Chapter 11 case dismissed as filed in bad faith to obtain a more favorable resolution of dispute than was likely in state court.
Issue(s)
Should chapter 11 case be dismissed and debtor and counsel sanctioned for allegedly filing in bad faith?
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Court
: