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
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
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
Dec
04
2017
Kinerson, In re--McGranahan v. Kinerson
Ruling:
Debtor's transfer of interest in real property to her son was deemed fraudulent as it was done to delay, hinder, and defraud an existing judgment creditor. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on December 04,2017, LexisNexis #0118-048
Dec
06
2017
Sec. Investor Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC, In re
Ruling:
Trustee allowed to recover value of transfers to defendants as they were the initial transferees of the amount in question and not mere conduits. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on December 06,2017, LexisNexis #0118-049
Jul
20
2017
DSI Renal Holdings, LLC, In re--In re Guiliano v. Schnabel
Ruling:
Trustee properly alleged that the debtor's transfers consitute avoidable intentional fraudulent transfers. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on July 20,2017, LexisNexis #0817-107
Feb
14
2017
Schroeder, In re--Silagy v. Schroeder
Ruling:
Trustee's motion for summary judgment granted as debtor's transfer of entire balance of jointsavings with his ex-wife was made with actual intent to defraud creditors. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on February 14,2017, LexisNexis #0317-078
Feb
14
2017
Wiggains, In re--Appling v. Lamar, Archer & Cofrin, LLP
Ruling:
Bankruptcy court's assesment that the partition agreement between the debtor and his spousewas a fraudulent transfer affirmed because there was a direct evidence of debtor's actual intentto hinder or delay. (5th Cir.)
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Consumer case opionion summary, case decided on February 14,2017, LexisNexis #0317-077
Dec
22
2016
Bakst v. Bank Leumi, USA (In re D.I.T., Inc.)
Ruling:
Trustee's allegations of fraudulent transfer not sufficient to support avoidance of debtor'spayments to its commercial lender. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on December 22,2016, LexisNexis #0117-128
Nov
21
2016
Brandt v. FDIC (In re Equip. Acquisition Res., Inc.)
Ruling:
Fraudulent transfer claims against the FDIC as receiver for failed bank were precluded wherethe bank was unaware of debtor’s fraudulent scheme. (Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on November 21,2016, LexisNexis #1216-110
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