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
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
Sep
28
2018
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
Sep
06
2018
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
Aug
22
2018
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
Aug
22
2018
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
Aug
03
2018
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
Jun
28
2018
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
Jun
28
2018
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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