Jul
28
2021
Int'l Supply Co., In re--Stone v. Morton Cmty. Bank
Ruling:
Loan payments were not avoidable as debtor received reasonably equivalent value inexchange for incurring the obligations and for making the payments. (Bankr. C.D. Ill.)
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Commercial case opionion summary, case decided on July 28,2021, LexisNexis #0921-043
Jul
21
2021
Specialty Select Care Ctr. of San Antonio, LLC, In re--Brown v. Douglas
Ruling:
Claims for the avoidance of contractual payments dismissed in part as trustee failed tosufficiently allege actual fraud. (Bankr. N.D. Tex.)
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Commercial case opionion summary, case decided on July 21,2021, LexisNexis #0921-017
Jul
23
2021
Azeglio, In re--Azeglio v. Act Prop., LLC
Ruling:
Proceeding seeking avoidance of tax foreclosure dismissed as the lis pendens was filedoutside of the 90-day preference period. (Bankr. D.N.J.)
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Consumer case opionion summary, case decided on July 23,2021, LexisNexis #0921-018
Court: Judge or Jurisdiction information not available
Jul
02
2021
Securities Investor Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC
Ruling:
Trustee in SIPA liquidation litigation could avoid and recover fictitious profits received bydefendant as a result of Ponzi scheme investment from defendant’s IRA. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on July 02,2021, LexisNexis #0821-067
Jun
24
2021
Berndt, In re--Dymarkowski v. Berndt
Ruling:
Trustee could not avoid transfer for which it failed to establish that debtor received less than"a reasonably equivalent value." (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on June 24,2021, LexisNexis #0821-040
May
19
2021
Mack Indus., In re--Peterson v. Premier Elec. Servs.
Ruling:
Payments by debtor to defendant for electrical work it performed were not constructivelyfraudulent regardless of who owned the properties. (Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on May 19,2021, LexisNexis #0721-041
May
04
2021
ASHINC Corp., In re--Youngman v. Yucaipa Am. All. Fund I, L.P.
Ruling:
Trustee could recover the value of the fraudulent transfers as she established her prima faciecase that debtor transferred contested payments to defendant while debtor was insolvent orresulting in its insolvency. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on May 04,2021, LexisNexis #0621-060
May
03
2021
Essential Fin. Educ., In re--Sherman v. OTA Franchise Corp.
Ruling:
Trustee was granted summary judgment on all elements of his actual fraudulent conveyanceclaims except for intent to defraud. (Bankr. N.D. Tex.)
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Commercial case opionion summary, case decided on May 03,2021, LexisNexis #0621-061
May
04
2021
Cambrian Holding Co. v. Alliance Prime Assocs.
Ruling:
Facts alleged in the complaint were accepted as true and allowed a reasonable inference thatdefendants were plausibly liable under the litigating trustee's state and federal fraudulenttransfer claims. (Bankr. E.D. Ky.)
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Commercial case opionion summary, case decided on May 04,2021, LexisNexis #0621-062
Apr
23
2021
Fox Ortega Enters., In re--Kasolas v. Nicholson
Ruling:
Trustee was entitled to recover the value of wine defendant purchased from debtor whodefrauded purchasers through a Ponzi scheme. (Bankr. N.D. Cal.)
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Commercial case opionion summary, case decided on April 23,2021, LexisNexis #0621-042
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