The chapter 7 trustee (i) had Article III standing to bring a fraudulent transfer avoidance action because the trustee represents the bankruptcy estate, not the debtor's creditors; and (ii) did not...
Judge(s):
Carlos T. Bea, David F. Hamilton,* and Morgan Christen, Circuit Judges (*United States Court of Appeals for the Seventh Circuit, sitting by designation)
The Circuit Court affirmed the district court’s order affirming a judgment of the bankruptcy court, and remanded for further proceedings, in a fraudulent transfer action in which a jury...
Judge(s):
Richard R. Clifton, Gabriel P. Sanchez, and Edward R. Korman,
When determining whether a transfer left an entity insolvent, courts must accept the facts as they are and not as they hypothetically may be. Thus, when a debtor declared property as exempt under...
The Fifth Circuit affirmed dismissal of the constructive fraud claims related to the settlement releases because the Delaware judgment established that reasonably equivalent value was given in...
Payments made by debtors to a university for a child's college education are per se constructively fraudulent transfers under section 548 when the payments were made when the parents were...
The BAP affirmed the bankruptcy court's ruling that the debtor's transfer of 2/3 of the proceeds from its 2011 blueberry crop was avoidable as a fraudulent transfer and that the intended...
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)
Wire transfers by debtor into his unrestricted checking account were not transfers, as that term is defined in section 101(54), and therefore could not be avoidable transfers under section 548(a). ...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
9 years 6 months ago
Citation:
2016 WL 4437606 (6th Cir. 2016)
Ruling:
District Court erred in dismissing Trustee's Complaint to recover alleged fraudulent transfers and civil conspiracy charges. Case remanded for further proceedings.
Judge(s):
Moore, Gibbons and Davis (Senior Circuit Judge from Fourth Circuit Court of Appeals)
