§ 546

Art & Architecture Books of the 21st Century, In re--Leslie v. Ace Gallery N.Y. Corp.

Ruling: 
Creditor plan agent's motion for leave to amend fraudulent transfer complaint was denied asthe proposed amended complaint adding new parties and claims was filed after the applicabletwo-year statute of limitations. (Bankr. C.D. Cal.)
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Commercial case opionion summary, case decided on May 05,2021, LexisNexis #0621-090

Uplift RX, LLC, In re--Shapiro v. Wall St. Health Servs.

Ruling: 
Good cause existed to allow a liquidating trustee to proceed on his motion for leave to amendcomplaint in avoidance proceeding after the scheduling order deadline. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on January 21,2021, LexisNexis #0221-087

SunEdison, Inc., In re--SunEdison Litig. Trust v. Seller Note, LLC

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.)
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Commercial case opionion summary, case decided on November 02,2020, LexisNexis #1220-066

Greektown Holdings, LLC, In re--Buchwald Capital Advisors, LLC v. Papas

Ruling: 
Safe harbor provision did not bar trustee’s avoidance proceeding as neither party to thetransfer was a financial institution. (Bankr. E.D. Mich.)[1]-The safe harbor provision of 11 U.S.C. § 546(e) did not bar plaintiff's trustee's adversary proceedingseeking to avoid and recover pre-petition transfers from the debtor to defendants as fraudulent becausethe transfer the trustee sought to avoid was a 2005 transfer from the debtor to defendants, the 2005transaction fell outside of the § 546(e) safe harbor because neither the transferor (the debtor) or thetransferee (defendants) were a financial institution or other covered entity, defendants failed to establishthat the 2005 transaction was "for the benefit" of a financial institution, and defendants failed to provethat the debtor was deemed to be a "financial institution" under 11 U.S.C. § 101(22)(A).Greektown Holdings, LLC, In re--Buchwald Capital Advisors, LLC v. Papas, 2020 Bankr. LEXIS 2938 (Bankr. E.D.Mich. October 19, 2020) (Oxholm, B.J.).
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on October 19,2020, LexisNexis #1220-012

Las Uvas Valley Dairy, In re--Marcus v. Segal

Ruling: 
Preference claim filed more than seven years after debtor’s case closed was barred as untimely. (Bankr. D.N.M.)
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Commercial case opionion summary, case decided on May 29,2020, LexisNexis #0720-065

Miller v. New Penn Fin., LLC

Ruling: 
Chapter 7 trustee was entitled to summary judgment in avoidance proceeding as she coulddefensively assert her rights as a bona fide purchaser under applicable state law. (Bankr. N.D.Ga.)
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Commercial case opionion summary, case decided on April 21,2020, LexisNexis #0620-039

hhgregg, Inc., In re--Whirlpool Corp. v. Wells Fargo Bank, N.A.

Ruling: 
Judgment affirmed where bankruptcy judge correctly subordinated creditor's reclamationclaim to the DIP financing lien. (7th Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on February 11,2020, LexisNexis #0320-089

Brownlee, In re--Kelley v. Stone & Baxter, LLP

Ruling: 
Trustee's avoidance actions were not time barred where timing of permanent appointmententitled trustee to a one-year extension. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on July 30,2019, LexisNexis #0919-086

Chieftain Steel, In re

Ruling: 
Motion to vacate default judgment granted where creditor had meritorious defenses totrustee's preference claims which were barred by the statute of limitations. (Bankr. W.D. Ky.)
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Commercial case opionion summary, case decided on May 24,2019, LexisNexis #0819-011

Rosen, In re--Krasnoff v. Lancaster Baptist Church

Ruling: 
Trustee's request for leave to amend complaint to extend avoidance period was granted as itwas made within the limitations period. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on June 26,2018, LexisNexis #0818-017

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