Tag Archives: fraudulent conveyance

Recovery of Avoided Transfers: Section 550 Run Amok (Again)?

Posted on January 22, 2020 by BankruptcyRealEstateInsights

Rajala v. Husch Blackwell LLP (In re Generation Resources Holding Co., LLC), 604 B.R. 896 (Bankr. Kan. 2019) – After a consent decree avoiding the transfer of property from the debtor to a second entity, a chapter 7 trustee sought to … Continue reading →

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Tax Lien Foreclosures: Property Tax Collection Meets Fraudulent Transfers – Who Wins?

Posted on March 20, 2019 by BankruptcyRealEstateInsights

Hampton v. Ontario County, New York, 588 B.R. 671 (W.D. N.Y. 2018), 588 B.R. 671 (W.D. N.Y. 2018) – The debtors sought to set aside prepetition property tax foreclosures as constructively fraudulent transfers. The bankruptcy court granted the government’s motion … Continue reading →

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Sovereign Immunity: Still Plenty of Room for Argument When You Try to Recover From the Government

Posted on March 7, 2018 by BankruptcyRealEstateInsights

Zazzali v. United States (In re DBSI, Inc.), 869 F.3d 1004 (9th Cir. 2017) – A chapter 11 trustee sought to recover a debtor’s prepetition tax payments to the federal government on the grounds that they were fraudulent transfers. The government … Continue reading →

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Asset Protection: Legitimate Planning or Fraudulent Transfer Based on Actual Intent to Hinder or Delay Creditors (Who Knows)?

Posted on January 3, 2018 by BankruptcyRealEstateInsights

Wiggains v. Reed (In re Wiggains), 848 F.3d 655 (5th Cir. 2017) – A chapter 7 trustee sought to avoid a pre-petition partition of community property as a fraudulent transfer. The bankruptcy court ruled in favor of the trustee. After sale … Continue reading →

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Deeds: Not All “Freebies” Are Fraudulent

Posted on March 8, 2017 by BankruptcyRealEstateInsights

Rodriguez v. Nelabovige (In re Kirst), 559 B.R. 757 (Bankr. D. Colo. 2016) – About a year before filing bankruptcy, a debtor conveyed his interest as a joint tenant in a residential property to his mother-in-law in consideration for $10. … Continue reading →

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Leases: Prebankruptcy Termination May Not Mean That the Landlord Is Out Of the Woods

Posted on September 7, 2016 by BankruptcyRealEstateInsights

Official Comm. of Unsecured Creditors v. T.D. Investments I, LLP (In re Great Lakes Quick Lube LP), 816 F.3d 482 (7th Cir. 2016) – A chapter 11 debtor relinquished 2 leases prior to filing bankruptcy. The unsecured creditors’ committee sought … Continue reading →

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