Mar
09
2022
Madoff, In re--Securities Investor Prot. Corp. v. Bernard L. Madoff Inv. Secs. LLC
Ruling:
Trustee was entitled to avoid and recover fictitious profits received by a partnership onaccount of its investment in the Madoff Ponzi scheme as the property was "customer property"prior to the transfer. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on March 09,2022, LexisNexis #0522-019
Court: Judge or Jurisdiction information not available
Feb
25
2022
NESV Ice, LLC, In re--NESV Ice, LLC v. SHS Ack, LLC
Ruling:
Fraudulent transfer claims failed unless cured by amendment as debtors made no allegationsregarding the value of assets, debts, or capital requirements. (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on February 25,2022, LexisNexis #0422-066
Mar
01
2022
McCallan, In re--Wilkins v. McCallan
Ruling:
Debtor's wife waived her right to a jury trial and impliedly consented to final adjudication bythe bankruptcy court by failing to timely file the motion to withdraw the reference. (Bankr.M.D. Ala.)
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Consumer case opionion summary, case decided on March 01,2022, LexisNexis #0422-067
Dec
14
2021
EHT US1, Inc., In re--Urban Commons Queensway, LLC v. EHT Asset Mgmt., LLC
Ruling:
Defendants in avoidance proceeding held in civil contempt due to insufficient andfraudulently inconsistent efforts to satisfy order for injunctive relief. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on December 14,2021, LexisNexis #0222-065
Dec
21
2021
Marshall, In re--Marshall v. Abdoun
Ruling:
Reconsideration of denial of motion to avoid tax sale denied because court did not err bymeasuring the property's equivalent value against the price that would have been received at aregularly conducted tax sale instead of against the property's fair market value. (Bankr. E.D.Pa.)
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Consumer case opionion summary, case decided on December 21,2021, LexisNexis #0222-035
Dec
02
2021
ATIF, Inc., In re--Stermer v. Old Republic Nat'l Title Ins. Co.
Ruling:
Transfers could not be held fraudulent as creditor failed to establish whether debtor receivedless than reasonably equivalent value in exchange. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on December 02,2021, LexisNexis #0122-092
Dec
02
2021
BG Petro., LLC, In re--Estate of BG Petro., LLC v. Cmty. State Bank of Orbisonia, Philippians Place, LLC
Ruling:
Transfers that occurred after the entry of an order for relief under Chapter 11 and after thecase's conversion could not be avoided as fraudulent. (Bankr. W.D. Pa.)
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Commercial case opionion summary, case decided on December 02,2021, LexisNexis #0122-067
Court: 2nd Circuit ( ) [ Bankruptcy Court ]
Sep
13
2021
Labsource, LLC, In re--Fort v. Luxor Scientific, LLC
Ruling:
Bankruptcy court denied debtor's motion to dismiss as the allegations of the trustee'scomplaint sufficiently identified the transfer in question, the trustee's purported value of thetransfer, and the debtor's insolvency. (Bankr. D.S.C.)
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Commercial case opionion summary, case decided on September 13,2021, LexisNexis #0122-015
Court: Judge or Jurisdiction information not available
Oct
28
2021
Insys Therapeutics, Inc., In re--Insys Liquidation Trust v. Urquhart
Ruling:
Preferential transfer complaint failed to allege which debtor had incurred the debt, or factsthat would support a finding that the debtors were insolvent at the time of the transfer or thatthey became insolvent on account of the transfer. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on October 28,2021, LexisNexis #1221-064
Oct
05
2021
Parker Sch. Unifs., LLC, In re--Burtch v. Salem Inv. Partners, III, LP
Ruling:
Trustee's complaint in preference proceeding dismissed in its entirety as trustee failed toplead facts to support contention that defendant was a statutory insider. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on October 05,2021, LexisNexis #1221-014
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