Dec
18
2018
Fuhrman, In re--Fuhrman v. Wilmington Savings Fund Soc'y
Ruling:
Debtor was not a bona fide purchaser of the subject property as he had constructive notice of the mortgage despite incorrect legal description. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on December 18,2018, LexisNexis #0119-097
Dec
14
2018
Conley, In re--United States Tr. v. Conley
Ruling:
Action seeking avoidance was subject to dismissal as debtors' purchase and mortgage deeds were still pending recordation. (Bankr. D.P.R.)
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Consumer case opionion summary, case decided on December 14,2018, LexisNexis #0119-098
Dec
18
2018
Casanova, In re
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Court: Judge or Jurisdiction information not available
Dec
18
2018
Casanova, In re
Ruling:
Action seeking avoidance was subject to dismissal as debtors' purchase and mortgage deeds were still pending recordation. (Bankr. D.P.R.)
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Consumer case opionion summary, case decided on December 18,2018, LexisNexis #0119-098
Court: Judge or Jurisdiction information not available
Nov
30
2018
Gaither, In re--Vieira v. Gaither
Ruling:
Section 544(b) permitted trustee to step into the shoes of the IRS and employ the Federal Debt Collection Procedures Act to avoid transfer of disclaimed settlement proceeds to defendants. (Bankr. D.S.C.)
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Consumer case opionion summary, case decided on November 30,2018, LexisNexis #0119-043
Court: Judge or Jurisdiction information not available
Oct
02
2018
Teltronics, Inc., In re
Ruling:
Judgment affirmed where bankruptcy court properly denied trustee's Daubert motion as he failed to prove that debtor was insolvent at the time of the transfer. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on October 02,2018, LexisNexis #1118-076
Oct
05
2018
Woodbridge Grp. of Cos., LLC, In re--De La Rochelle v. In re Woodbridge Grp. of Cos., LLC
Ruling:
Claim dismissed as even if the plaintiffs could establish a right for imposition of a constructive trust or equitable lien against debtor's property, the debtor could avoid any such equitable interest pursuant to the strong-arm powers of the bankruptcy code. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on October 05,2018, LexisNexis #1118-077
Oct
12
2018
Alpha Protective Servs., In re--Gordon v. Rogich
Ruling:
Pre-petition payment could not be avoided as the trustee met its burden in establishing that debtor was insolvent at the time of the transfer but failed to show that defendant had reasonable cause to believe debtor was insolvent. (Bankr. M.D. Ga.)
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Commercial case opionion summary, case decided on October 12,2018, LexisNexis #1118-078
Sep
27
2018
Neri Bros. Constr. Corp., In re--O'Neil v. New England Road, Inc.
Ruling:
Defendants were liable for damages resulting from constructive and intentional fraudulent transfers as leases of equipment were transfers of debtor's rights in personal property without receipt of reasonably equivalent value and transfers were made while debtor was insolvent. (Bankr. D. Conn.)
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Commercial case opionion summary, case decided on September 27,2018, LexisNexis #1118-049
Aug
28
2018
Dahlin, In re--Sommers v. Dale
Ruling:
Trustee's motion for summary judgment granted where trustee was a bona fide purchaser and did not have constructive or inquiry notice of defendants' interest in the property before debtor filed her bankruptcy petition. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on August 28,2018, LexisNexis #1018-051
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