Mar
01
2019
Taylor, In re
Ruling:
Avoidance of Parent PLUS Loan proceeds as constructively fraudulent was not warranted asthe disbursement of the proceeds to a university could not and did not diminish the debtor'sestate. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on March 01,2019, LexisNexis #0419-038
Feb
28
2019
Millennium Lab Holdings II, In re
Ruling:
Court denied dismissal of adversary proceeding as trustee adequately pled facts sufficient toshow that he has a plausible claim for relief. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 28,2019, LexisNexis #0419-037
Feb
15
2019
Downs, In re--Gocha v. Downs
Ruling:
Trustee was not entitled to recover full amount of fraudulent transfers as non-debtor spousewould be prejudiced by expansion of the trustee’s claims. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on February 15,2019, LexisNexis #0319-087
Mar
21
2019
McMartin, In re
Ruling:
Rent payment debtor made to defendant landlord was not a constructively fraudulent transferas debtor received reasonably equivalent value through the indirect benefit of rentreimbursement payment from another entity. (Bankr. D.N.D.)
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Consumer case opionion summary, case decided on March 21,2019, LexisNexis #0519-069
Court: Judge or Jurisdiction information not available
Mar
11
2019
Goins, In re
Ruling:
Summary judgment in avoidance proceeding granted where trustee failed to establish thatdebtor received less than a reasonably equivalent value in exchange for the transfer. (Bankr.N.D. Tex.)
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Consumer case opionion summary, case decided on March 11,2019, LexisNexis #0519-038
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
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