Tag Archives: fraudulent conveyance

Fraudulent Transfers: More Or Less Insolvent

Posted on November 12, 2013 by BankruptcyRealEstateInsights

Richardson v. Checker Acquisition Corp. (In re Checker Motors Corp.), 495 B.R. 355 (Bankr. W.D. Mich. 2013) – A chapter 11 liquidating trustee brought several proceedings to recover fraudulent transfers under both the Bankruptcy Code and a state version of the Uniform … Continue reading →

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Title Company Escrow Check: Now You See It, Now You Don’t

Posted on November 8, 2013 by BankruptcyRealEstateInsights

White Family Cos., Inc. v. Slone (In re Dayton Title Agency, Inc.), 724 F.3d 675 (6th Cir. 2013) – The debtor, a title agency, facilitated a series of loans by having both the loans and the loan repayments pass through its … Continue reading →

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Fraudulent Transfer: “Reasonably Equivalent Value” Meets the Internal Revenue Code

Posted on August 16, 2013 by BankruptcyRealEstateInsights

Crumpton v. Stephens (In re Northlake Foods, Inc.), 715 F.3d 1251 (11th Cir. 2013) – The trustee of a distribution trust (created under a debtor’s confirmed chapter 11 plan of reorganization) sought to recover a dividend paid to a shareholder as a … Continue reading →

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Fraudulent Transfer: “Reasonably Equivalent Value” Meets Debt Recharacterization

Posted on August 13, 2013 by BankruptcyRealEstateInsights

Official Comm. of Unsecured Creditors v. Hancock Park Capital II, L.P. (In re Fitness Holdings International, Inc.), 714 F.3d 1141 (9th Cir. 2013) – A chapter 11 unsecured creditors’ committee sought to recover payments made to the debtor’s shareholder as a fraudulent … Continue reading →

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Special Purpose Entities: What Recourse Does A Lender Have When SPEs Are Consolidated Pre-Bankruptcy? … Maybe None

Posted on June 21, 2013 by BankruptcyRealEstateInsights

Fed. Nat’l Mortgage Ass’n v. Bruckner, 489 B.R. 93 (E.D. Wis. 2012) – The debtor (Buckner) owned 36 rental projects (containing ~ 1300 rental units) through various limited liability companies.  The LLCs transferred all of the properties to Buckner a few … Continue reading →

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Fraudulently Conveyed Property: Part of the Bankruptcy Estate and Subject to the Automatic Stay (Or Not)?

Posted on June 7, 2013 by BankruptcyRealEstateInsights

Rajala v. Gardner, 709 F.3d 1031 (10th Cir. 2013) – A bankruptcy trustee claimed that $9 million held in escrow was fraudulently transferred property that could be recovered through an avoidance action in bankruptcy, and consequently constituted property of the bankruptcy … Continue reading →

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