Tag Archives: strong arm powers

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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Financial Institution Payments: When Is A Preference Not A Preference?

Posted on October 8, 2013 by BankruptcyRealEstateInsights

Official Comm. of Unsecured Creditors of Quebecor World (USA) Inc. v. American United Life Ins. Co. (In re Quebecor World (USA) Inc.), 719 F.3d 94 (2d Cir. 2013) – Shortly before filing bankruptcy, the debtor made a ~$376 million payment to a … Continue reading →

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Property Transfers: What Goes On In Probate Court Stays In Probate Court – Wrong

Posted on September 27, 2013 by BankruptcyRealEstateInsights

Baldiga v. Golemo (In re Golemo), 494 B.R. 588 (Bankr. D. Mass. 2013) – A chapter 7 trustee sought to use his strong-arm powers to avoid the transfer of several properties from the debtor to his ex-wife pursuant to an unrecorded prepetition … Continue reading →

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Mortgage Execution: Even a “Teensy-Weensy Boo-Boo” Can Come Back To Bite You

Posted on September 3, 2013 by BankruptcyRealEstateInsights

Wells Fargo Bank, N.A. v. Gordon (In re Codrington), 716 F.3d 1344 (11th Cir. 2013) – A Chapter 7 trustee sought to use his strong arm powers as a hypothetical bona fide purchaser to avoid a security deed.  He argued that … 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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Failure to Negotiate Mortgage Note: “Strong Arm” Powers With A Twist

Posted on July 26, 2013 by BankruptcyRealEstateInsights

Rogan v. Vanderbilt Mortgage & Finance, Inc. (In re Dorsey), 491 B.R. 464 (Bankr. E.D. Ky. 2013 – A chapter 7 trustee sought to use his “strong arm” powers as a hypothetical judgment lien creditor, arguing that a mortgage could be avoided … Continue reading →

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