Tag Archives: fraudulent conveyance

Foreclosed Property: Related Rights May Be Tricky

Cooper v. WPD Poplar Ridge, LLC (In re Poplar Ridge, LLC), 526 B.R. 147 (W.D. N.C. 2015) – After a developer defaulted, the trustee under a deed of trust held a pre-petition foreclosure sale.  The issue was whether the developer debtor’s … Continue reading

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Transferee Liability: The Lottery Ticket/Uranium Contract Rule

Mano-Y&M Ltd. v. Field (In re Mortgage Store, Inc.), 773 F.3d 990 (9th Cir. 2014) – A chapter 7 trustee sought to avoid a transfer by the debtor as a fraudulent conveyance and then to recover funds disbursed by the debtor to … Continue reading

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Real Estate Cases: You May Want to Think Twice Before You File

Branch Bank & Trust Co. v. Michael’s Enterprises of Virginia, Inc. (In re Michael’s Enterprises of Virginia, Inc.), 519 B.R. 916 (Bankr. E.D. Va. 2014)  – A mortgage lender sought sanctions against the debtor, its sole shareholder and its attorney.  It … Continue reading

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Fraudulent Transfer: A Case Where Strong Arm Powers Were “An Inch Too Short”

Casey v. Rotenberg (In re Kenny G Enterprises, LLC), 512 B.R. 628 (C.D. Cal. 2014) – A Chapter 11 trustee sought to avoid a transfer of property under Section 544 of the Bankruptcy Code that occurred after (1) the bankruptcy petition … Continue reading

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Property Tax Foreclosure: Tax Authority May Have to Pay for Equity in Property

Clinton County Treasurer v. Wolinsky, 511 B.R. 34 (N.D.N.Y. 2014) – A chapter 7 trustee sought to avoid a property tax foreclosure as a fraudulent transfer and then to recover damages from the foreclosing county. The bankruptcy court agreed that the … Continue reading

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Affiliate Transfer: Fraudulent Conveyance or Unwinding Resulting Trust?

Anderson v. Architectural Glass Constr., Inc. (In re Pfister), 749 F.3d 294 (4th Cir. 2014) – A chapter 7 trustee sought to set aside as a a debtor’s transfer of her interest in property held jointly with her husband to her … Continue reading

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Fraudulent Transfer: How Can A Warehouse Lender Qualify For The Good Faith Exception?

Gold v. First Tennessee Bank Nat’l Ass’n (In re Taneja), 743 F.3d 423 (4th Cir. 2014) – A liquidating trustee under a plan of reorganization sought to recover 12 payments totaling ~$4 million made by the debtor–mortgage broker to a bank … Continue reading

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