Home » 11 U.S.C § 550

Cheri Whitlock v. John Lowe

Citation:
18-50335 (5th Circuit, Dec 23,2019) Published
Case Status:
Reversed and Remanded
Ruling:
A trustee cannot use 11 USC 550(a) to "recover" fraudulently conveyed property or its value from a transferee if the transferee returned the property to the debtor pre-petition. Once fraudulently...
Judge(s):
Oldham, Clement, Duncan
Tag(s):

Harold Jones v. The Brand Law Firm (In re: Alice Belmonte)

  • Summarized by Nascine Howell , Seyfarth Shaw LLP
  • 5 years 5 months ago
Citation:
No. 18-2098 (2nd Circuit, Jul 25,2019) Published
Case Status:
Affirmed
Ruling:
The Second Circuit Court of Appeals affirmed the bankruptcy court’s decision, finding that the trustee’s recovery of a portion of the proceeds from the debtor’s unauthorized post-petition...
Judge(s):
Calabresi, Lynch and Lohier, Circuit Judges
Tag(s):

Lewis v. Kaelin (In re Cresta Technology Corp.)

  • Summarized by Alexandra Schnapp , U.S. Bankruptcy Court, Northern District of Georgia
  • 6 years 9 months ago
Citation:
NC-17-1186-BSTa (9th Circuit, Apr 06,2018) Published
Case Status:
Affirmed
Ruling:
An ordinary check delivered to the creditor pre-petition, but honored post-petition, was transferred on the date of honor for purposes of § 549(a).
Judge(s):
Brand, Spraker, and Taylor
Tag(s):

Bank of America, N.A. v. Veluchamy

  • Summarized by Nascine Howell , Seyfarth Shaw LLP
  • 6 years 12 months ago
Citation:
Nos. 15-2902, 15-2908, 15-3815, and 16-3496 (7th Circuit, Jan 12,2018) Published
Case Status:
Affirmed
Ruling:
The Seventh Circuit Court of Appeals affirmed the district court’s ruling, finding the district court did not commit any reversible errors regarding the six main issues on appeal.
Judge(s):
Manion and Kanne, Circuit Judges, and Miller, District Judge, sitting by designation
Tag(s):

Meoli v. The Huntington National Bank

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 7 years 11 months ago
Citation:
Nos. 15-2308/2362 (6th Circuit, Feb 08,2017) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
In a lengthy opinion, Sixth Circuit affirmed a district court's determination that a bank was liable as a transferee of direct and indirect loan payments it received after its good faith defense...
Judge(s):
Moore, Rogers and Sentelle (D.C Circuit-sitting by designation)
Tag(s):

Dymarkowski v. Savage (In re Hadley)

Citation:
16-8010 (6th Circuit, Dec 21,2016) Published
Case Status:
Affirmed
Ruling:

Concluding that the debtor's attorney had not previously perfected a lien on two vehicles pledged by the debtor prior to bankruptcy as collateral for the repayment of unpaid legal fees, the...

Judge(s):
Delk, Preston, and Wise
Tag(s):

Rajala v. Gardner

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 8 years 4 months ago
Citation:
Rajala v. Garnder, et al., Case No. 14-3241 (10th Cir. August 31, 2016). Unpublished
Ruling:
The scope of § 541 is broad and should be generously construed, and that an interest may be property of the estate even if it is novel or contingent and every conceivable interest of the debtor,...
Judge(s):
Gorsuch, Ebel, Bacharach
Tag(s):

FTI Consulting, Inc. v. Merit Management Group, LP

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 8 years 5 months ago
Citation:
FTI Consulting, Inc. v. Merit Mgmt. Group, LP), Case No. 15-3388 (7th Cir. July 28, 2016).
Ruling:
The safe harbor provision of 11 U.S.C. § 546(e) does not shield a transfer of funds through a financial institution acting only as a conduit between the debtor and the transferee, neither of which...
Judge(s):
Wood, Posner, Rovner (Wood)
Tag(s):

Hooshim, et al. v. Wolkowitz (In re Kim)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 8 years 8 months ago
Citation:
In re Kim, No. CC-15-1273-TaKuF (9th Cir. B.A.P. May 2, 2016). Not-for-publication memorandum.
Ruling:
A trustee may not avoid a lien as a fraudulent transfer after selling the property subject to (i.e., not free and clear of) the lien.
Judge(s):
Laura S. Taylor, Frank L. Kurtz, and Robert J. Farris, Bankruptcy Appellate Panel Judges.
Tag(s):

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