Search Opinion

Terry v. Meredith (In re Meredith)

Appellant bankruptcy trustee brought an adversary proceeding against appellee, the president of a corporate successor of debtor, claiming that he was entitled to recover the value of certain assets fraudulently transferred from the bankruptcy estate, pursuant to 11 U.S.C.S. § 550(a)(1). The bankruptcy court and U.S. District Court for the Eastern District of Virginia, at Richmond, rejected the trustee's claim. The trustee appealed.
Ruling: 
Transfer of accounting practice from debtor to corporate successor was not recoverable from nominal president of successor who did not benefit from the transfer.
ABI Membership is required to access the full summary of Terry v. Meredith (In re Meredith). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 03,2008, LexisNexis #0708-032

In re Mosko

Appellee debtors, a husband and his wife, filed bankruptcy and sought to discharge their government-backed student loan debt pursuant to 11 U.S.C.S. § 523(a)(8). The bankruptcy court granted appellees relief from their student loans and the United States District Court for the Middle District of North Carolina, at Winston-Salem affirmed that order. Appellant creditor appealed.
Ruling: 
Discharge of student loan debt reversed due to debtor's failure to demonstrate good faith efforts to repay.
ABI Membership is required to access the full summary of In re Mosko. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 12,2008, LexisNexis #0308028