§ 546

Matt Garton & Assocs., LLC, In re--Weinman v. Garton

Ruling: 
Debtor's motion to dismiss denied as he could not bootstrap the new transactions to thetransfers in the original complaint after the expiration of the § 546(a) statute of limitations.(Bankr. D. Colo.)
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Commercial case opionion summary, case decided on February 14,2022, LexisNexis #0522-018

Sakhe, In re--Perkins v. North Park Realty Mgmt., LLC

Ruling: 
Trustee's causes of action were permitted under the statute of limitations they were filedwithin two years of the trustee's appointment. (Bankr. D.N.J.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on November 30,2015, LexisNexis #0222-034

450 S. Western Ave., LLC, In re--Philmont Mgmt. v. 450 S. Western Ave., LLC

Ruling: 
Bankruptcy court did not err in dismissing the complaint as it found that plaintiff had nottimely perfected its lien under California law nor had it preserved its lien by filing a timelynotice. (B.A.P. 9th Cir.)
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Commercial case opionion summary, case decided on November 23,2021, LexisNexis #0122-066

Galaz, In re--Soule v. Galaz

Ruling: 
Claim seeking to avoid and recover a fraudulent transfer was pleaded with sufficientparticularity and could not be dismissed as time-barred as the date of discovery was unclear.(Bankr. N.D. Okla.)
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Consumer case opionion summary, case decided on October 20,2021, LexisNexis #1221-038

Cobra Pipeline Co., In re--Cobra Pipeline Co. v. 2412 N. Newton Falls Rd., LLC

Ruling: 
Summary judgment denied due to failure to show that transfers were for less than equivalentvalue. (Bankr. N.D. Ohio)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on September 23,2021, LexisNexis #1121-037

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

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