§ 548(a)

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

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

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

Taylor, Bean & Whitaker Mortg. Corp., In re--Luria v. Thunderflower, LLC

Ruling: 
Transfer avoidance denied as the summary-judgment standard precluded the court frominferring actual intent. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on September 28,2018, LexisNexis #1118-017

PostRock Energy Corp., In re

Ruling: 
Trustee's claim for fraudulent transfer was dismissed as he failed to indicate which of the sixjointly administered debtors made the transfer. (Bankr. W.D. Okla.)
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Commercial case opionion summary, case decided on September 06,2018, LexisNexis #1018-079

Evergreen Int'l Aviation, Inc., In re--Giuliano v. World Fuel Servs.

Ruling: 
Trustee's motion for summary judgment denied where he simply concluded that the entitiesas a whole were insolvent and failed to provide evidence of the solvency of each subsidiary.(Bankr. D. Del.)
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Commercial case opionion summary, case decided on August 22,2018, LexisNexis #1018-021

Evergreen Int'l Aviation, Inc., In re--Giuliano v. World Fuel Servs.

Ruling: 
Trustee's motion for summary judgment denied where he simply concluded that the entitiesas a whole were insolvent and failed to provide evidence of the solvency of each subsidiary.(Bankr. D. Del.)
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Commercial case opionion summary, case decided on August 22,2018, LexisNexis #1018-021

Evans, In re--Heath v. Evans

Ruling: 
Court ruled that trustee could not avoid the prepetition transfer of real properties from debtor to defendant as trustee failed to raise requisite factual questions on his actual and constructive fraud claims. (Bankr. D. Guam)
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Consumer case opionion summary, case decided on August 03,2018, LexisNexis #0918-054

Scarbrough, In re--Limor v. Anderson

Ruling: 
Transfers were avoided as debtor received less than a reasonably equivalent value inexchange for the transfers and was insolvent on the dates of the transfers. (Bankr. M.D. Tenn.)
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Consumer case opionion summary, case decided on June 28,2018, LexisNexis #0818-019

Scarbrough, In re--Limor v. Anderson

Ruling: 
Transfers were avoided as debtor received less than a reasonably equivalent value inexchange for the transfers and was insolvent on the dates of the transfers. (Bankr. M.D. Tenn.)
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Consumer case opionion summary, case decided on June 28,2018, LexisNexis #0818-019

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