Feb
28
2019
Millennium Lab Holdings II, In re
Ruling:
Court denied dismissal of adversary proceeding as trustee adequately pled facts sufficient toshow that he has a plausible claim for relief. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 28,2019, LexisNexis #0419-037
Mar
01
2019
Taylor, In re
Ruling:
Avoidance of Parent PLUS Loan proceeds as constructively fraudulent was not warranted asthe disbursement of the proceeds to a university could not and did not diminish the debtor'sestate. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on March 01,2019, LexisNexis #0419-038
Feb
15
2019
Downs, In re--Gocha v. Downs
Ruling:
Trustee was not entitled to recover full amount of fraudulent transfers as non-debtor spousewould be prejudiced by expansion of the trustee’s claims. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on February 15,2019, LexisNexis #0319-087
Mar
22
2019
Yahweh Ctr., Inc., In re--Cook v. Roberts
Ruling:
Complaint in avoidance proceeding was dismissed as it failed to allege facts that couldestablish that debtor paid fees to the bank with the intent to hinder, delay, or defraud the IRS.(Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on March 22,2019, LexisNexis #0519-068
Mar
21
2019
McMartin, In re
Ruling:
Rent payment debtor made to defendant landlord was not a constructively fraudulent transferas debtor received reasonably equivalent value through the indirect benefit of rentreimbursement payment from another entity. (Bankr. D.N.D.)
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Consumer case opionion summary, case decided on March 21,2019, LexisNexis #0519-069
Court: Judge or Jurisdiction information not available
Mar
11
2019
Goins, In re
Ruling:
Summary judgment in avoidance proceeding granted where trustee failed to establish thatdebtor received less than a reasonably equivalent value in exchange for the transfer. (Bankr.N.D. Tex.)
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Consumer case opionion summary, case decided on March 11,2019, LexisNexis #0519-038
Feb
01
2019
W.J. Bradley Mortg. Capital, LLC, In re--Miller v. Bradley
Ruling:
Defendants' motions to dismiss denied in part where trustee failed to plead actual fraud as hemerely parroted the language of section 548(a)(1)(A) without providing any specific factualallegations. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 01,2019, LexisNexis #0319-040
Feb
04
2019
LTC Holdings, Inc., In re--Giuliano v. Ins. Co. of the State of Pa.
Ruling:
Court denied summary judgment on trustee's claim seeking to recover contract payments fromnon-bonded projects as there was a genuine dispute of material fact as to whether reasonablyequivalent value or consideration was received for the transfers. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 04,2019, LexisNexis #0319-041
Dec
04
2018
Sterman, In re
Ruling:
Transfers to or for the benefit of debtors' daughters after they reached the age of 21 for collegetuition and related expenses were avoidable as constructive fraudulent transfers if the debtorswere insolvent at the times the transfers were made. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on December 04,2018, LexisNexis #0119-019
Sep
27
2018
Noll, In re--Seaver v. Noll
Ruling:
Transfer of debtor's property from the state and the IRS to non-debtor spouse was avoidable as the debtor did not receive any value. (Bankr. D. Minn.)
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Consumer case opionion summary, case decided on September 27,2018, LexisNexis #1118-079
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