New Opinions

Sixth Circuit : Rooker-Feldman Doctrine Did Not Support Bankruptcy Court’s Dismissal of Debtor’s Claim

January 6, 2022 admin

December 27, 2021, Sixth Circuit – The facts of the case as stated in the opinion are : Debtor Hakeem Lowry owned a home in Southfield, Michigan and failed to pay his property taxes for several years. The Oakland County Treasurer foreclosed on Lowry’s home in 2017. The City of Southfield exercised its statutory right […]

Garnished Funds Are Property of the Estate & Avoidable as a Preference

January 1, 2022 admin

December 22, 2021, District of Puerto Rico – Earlier this year, Educational Technical College Inc. brought a complaint against Atue Real Estate S.E. and its managing partner, alleging that the creditors garnished certain funds several days before the bankruptcy filing pursuant to a writ of execution of judgment entered in a local Court and that […]

A Plaintiff’s Complaint Was Not an Impermissible Shotgun Pleading

October 10, 2021 admin

September 30, 2021, Northern District of Georgia – The Trustee of Menser’s Chapter 7 bankruptcy estate sought to avoid the premium payments from Defendant Nationwide Mutual Insurance Company as fraudulent conveyances. The Trustee argued that Nationwide was the initial or subsequent transferee of the premium payments. Further, the alleged payments were actual fraudulent transfers as […]

Factual Allegations In Trust’s Complaint Not Sufficient to Deny Defendant’s Motion to Dismiss

March 2, 2022 admin

February 24, 2022, District of Kansas – Defendants Blue Consulting, LLC and Daniel Alberto Blue moved to dismiss all claims asserted against them in the adversary complaint filed by Sharon L. Stolte, in her capacity of Liquidating Agent of Emporia Property Group, LLC Liquidating Trust. The facts of the case as specified in the Court’s opinion are: Debtor Emporia […]

A Montana Court Rules on Disagreement About the Legal Classification of Pre-Petition Transactions & Trustee’s Preference Claim

September 13, 2021 admin

September 10, 2021, District of Montana – Debtor Shoot the Moon, LLC operated sixteen restaurants located throughout the three states. Debtor restaurants encountered various financial pressures and sought additional financing from various sources including merchant cash advance companies as Defendant CapCall. Debtor and CapCall consummated eighteen transactions under various written merchant agreements. Eventually, the Debtor […]

Delaware Bankruptcy Court Grants Defendants’ Motion to Dismiss As Claims Were Time-Barred Under DUFTA

August 21, 2021 admin

August 20, 2021, District of Delaware – Plaintiff Trustee George L. Miller, for the jointly administered bankruptcy estates of the Debtors J&M Sales, Inc. filed an adversary alleging that the Debtors’ owners (‘Fallas’) operated and controlled a vast enterprise of entities that functioned as the alter-egos of the Debtors, and used the Debtors to sustain […]

A Florida Court Rules in Favor of a Title Insurance Company Because Plaintiff Failed to Meet His Burden of Proof on Issue of Reasonably Equivalent Value

April 10, 2021 admin

The Court ruled that a debtor's transfer of assets to a defendant was not avoidable as a fraudulent transfer under 11 U.S.C.S. § 548 and Fla. Stat. §§ 726.105, 726.106, because the debtor transferred tangible assets in exchange for the defendant's assumption of debtor's title insurance policy liabilities.

A New York Bankruptcy Court Allows Trustee to Use the Doctrine of Equitable Tolling and Extend the One-Year Statute of Limitation For the Claim

May 21, 2021 admin

A Chapter 7 trustee recently brought an action against insider defendants to avoid transfers under 11 U.S.C.S. §§ 548(a)(1)(A) and 544(a) and (b) of the Bankruptcy Code and N.Y. Debt. & Cred. Law § 276.

Bankruptcy Court for Southern District of New York: Pre-Petition Claims May Not Set-Off Against Post-Petition Claims Under Doctrine of Mutuality

May 31, 2021 admin

The Bankruptcy Court for Southern District of New York recently concluded that the defendant investment institutions are liable for breach of contract and turnover of property because their purported setoffs were invalid and their safe harbor defenses failed.

Texas Judge Denies “Ponzi Presumption” for “Ponzi-Like” Scheme; AM Radio Station Dodges Fraudulent Conveyance Bullet

July 23, 2022 admin

Download the full pdf of the opinion by clicking: here July 13, 2022, US Bankruptcy Court for Northern Texas – The Northern Texas Bankruptcy Court granted a motion for judgment on partial findings filed by CBS Radio, Inc. et al. (“Defendants”) determining that Robert Yaquinto, Jr., the Chapter 7 trustee (“Trustee”) for Texas E&P Operating, […]

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