§ 544(b)

Zagaroli, In re--Mitchell v. Zagaroli

Ruling: 
Trustee could step into the shoes of the IRS to avoid pre-petition transfers under state uniformvoidable transactions law. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on November 03,2020, LexisNexis #1220-065

Friedman v. Wellspring Capital Mgmt., LLC

Ruling: 
Trustee's amended complaint failed to allege insolvency at the time of transfer as trustee’sstatements were related to future events and could not form the basis of a negligentmisrepresentation claim. (Bankr. D.S.C.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on August 27,2020, LexisNexis #1020-009

LSC Wind Down, LLC, In re--UMB Bank, N.A. v. Sun Capital Partners

Ruling: 
Motion to dismiss denied where plaintiff identified numerous unsecured creditors who didnot know the transfer or its fraudulent nature prior to the petition date. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on January 23,2020, LexisNexis #0320-014

Harispe, In re

Ruling: 
Trustee was entitled to summary judgment on avoidance claim as she established theexistence of a prejudiced creditor at the time of debtor's transfer of real property. (Bankr. D.Md.)
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Consumer case opionion summary, case decided on January 14,2020, LexisNexis #0220-065

Runnymede Capital Mgmt., In re

Ruling: 
Bank's motion to dismiss trustee's complaint was denied as trustee adequately stated aplausible claim under applicable law that transfers of an interest occurred. (Bankr. W.D. Va.)
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Commercial case opionion summary, case decided on February 22,2019, LexisNexis #0419-062

Ts Empl., In re

Ruling: 
Trustee entitled to recover fees paid to creditor as constructive fraudulent transfers under statelaw. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on February 28,2019, LexisNexis #0419-036

Titus, In re--Shearer v. Titus

Ruling: 
District Court properly concluded that fraudulent-transfer liability attached to both debtorand spouse for the deposit of the attorney's wages from his law firm directly into theirentireties bank account. (3d Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on January 07,2019, LexisNexis #0419-016

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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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on November 30,2018, LexisNexis #0119-043

Montreal, Maine & Atlantic Railway, Ltd., In re--Keach v. Wheeling & Lake Erie Railway Co.

Ruling: 
Court concluded that the proceeds of a multi-million-dollar sale of railroad lines did not constitute property of the bankruptcy estate as the lines were not assets that belonged outright to the debtor prior to consummation of the relevant transactions. (1st Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on April 18,2018, LexisNexis #0518-105

Int'l Mfg. Grp., Inc., In re--McFarland v. Battle Creek State Bank

Ruling: 
The plan administrator could not support its claim of applying the doctrine ofunenforceability of illegal contracts in order to defeat a for value defense, when in this case,the mere receipt of timely monthly payments from someone other than the debtor cannot beconstrued as warranting an inquiry notice to the bank. (Bankr. E.D. Cal.)
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Commercial case opionion summary, case decided on February 07,2018, LexisNexis #0318-076

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