Trustee'S Avoidance Powers

19 Florida cases classified under this topic · sorted by citation count · browse and sort

• In re Adelle M. Sherk v. Tex. Bankers Life & Loan Ins. Co.
  918 F.2d 1170· 5th Cir.· 1990-12-11 ·cited 10×
  The court held that a claim for fraudulent transfer of a homestead property belongs to the bankruptcy trustee and is property of the estate, thus a state court suit alleging such a transfer violates the automatic stay. However, the court reversed the imposition of sanctions, find
• In re Tape City v. Tape City
  677 F.2d 401· 5th Cir.· 1982-04-30 ·cited 10×
  The court held that the Louisiana vendor's privilege, as a valid statutory lien, is enforceable against a debtor in possession under the Bankruptcy Code, even after the filing of bankruptcy.
• Harold C. Abramson for Casco Chem. Corp. v. Waller C. Boedeker
  379 F.2d 741· 5th Cir.· 1967-06-23 ·cited 8×
  The court held that the date of bankruptcy is the date of the original petition, and that the Bank's assignment of accounts receivable was voidable due to failure to comply with Texas recording statutes.
• In re Salem Mortg. Co. v. Owsianowski
  791 F.2d 456· 6th Cir.· 1986-05-27 ·cited 6×
  The court held that the plaintiff failed to meet the burden of showing justification for their oversight in signing a stipulation.
• Whitlock v. Hause
  694 F.2d 861· 1st Cir.· 1982-12-01 ·cited 6×
  The court held that the bankruptcy court properly denied the Hauses' demand for a jury trial and correctly determined that the conveyance was a fraudulent transfer lacking fair consideration.
• In re Walter J. Giller, Jr., M.D. v. Walter J. Giller, Jr., M.D., P.A.
  962 F.2d 796· 8th Cir.· 1992-04-23 ·cited 4×
  The court held that substantive consolidation of the debtors' bankruptcy cases was appropriate, and the trustee retained the power to avoid transfers to third parties for the benefit of other debtors.
• In re Royal Golf Prods. Corp. v. Fid. Bank OF Mich.
  908 F.2d 91· 6th Cir.· 1990-07-18 ·cited 4×
  The court held that payments made by a third party to a creditor on behalf of a debtor can be a voidable preference under 11 U.S.C. § 547(b) to the extent the transaction depleted the debtor's estate, and the valuation for the preferential effect is determined as of the bankruptc
• Am. Tr. Co. v. N.Y. Credit Men's Adjustment Bureau, Inc.
  207 F.2d 685· 2d Cir.· 1953-10-29 ·cited 4×
  The court held that the January and December 1947 chattel mortgages were valid, but the February 1948 mortgages were void due to late filing. The original mortgage was not discharged by the subsequent mortgage.
• Surf N Sun Apts., Inc. v. Dempsey
  253 B.R. 490· M.D. Fla.· 1999-09-27 ·cited 3×
  The Court holds that the Bankruptcy Code does not grant bankruptcy courts the power to authorize individual creditors to prosecute fraudulent transfer actions on behalf of the bankruptcy estate.
• In re Bakeries v. McCARTY
  908 F.2d 517· 9th Cir.· 1990-07-16 ·cited 3×
  Transfers avoided under 11 U.S.C. § 548 are automatically preserved for the benefit of the estate under 11 U.S.C. § 551, irrespective of whether the interest could have been avoided in a prepetition state court action.
• In re Olympia Holding Corp. v. Power Brake Supply, Inc.
  68 F.3d 1304· 11th Cir.· 1995-11-15 ·cited 2×
  A bankruptcy trustee sought to recover undercharge claims (the difference between filed and negotiated rates) from a shipper, arguing that the Negotiated Rates Act of 1993's small-business exemption violated bankruptcy code sections 363(i) and 541(c)(1). The Eleventh Circuit affi
• In re Seaway Express Corp. v. Warren L. Erickson for Seaway Express Corp.
  912 F.2d 1125· 9th Cir.· 1990-08-30 ·cited 2×
  A bankruptcy trustee, acting as a bona fide purchaser of real property under 11 U.S.C. § 544(a)(3), prevails over a creditor's unrecorded equitable interest in that property, even if the debtor's acquisition of the property breached a contract, provided the trustee had no actual
• Vogel v. Russell Transfer, Inc.
  852 F.2d 797· 4th Cir.· 1988-08-01 ·cited 2×
  The court held that the trustee may not avoid the debtor's transfers of security interests under Section 547 or Section 549 of the Bankruptcy Code.
• In re Griggs v. Griggs
  965 F.2d 54· 6th Cir.· 1992-05-18
  The court held that the Kentucky statute allowing perfection of a security interest by correcting a title lien notation error falls within the purview of 11 U.S.C. § 546(b), permitting post-petition perfection against the trustee.
• In re First Cap. Mortg. Loan Corp. v. Segal
  917 F.2d 424· 10th Cir.· 1990-10-12
  The court held that recovered property under a preference claim automatically becomes part of the bankruptcy estate, regardless of its original character.
• Lewis v. Thomas J. and Linda M. Diethorn
  893 F.2d 648· 3d Cir.· 1990-01-12
  The court held that the payment made by the debtor to the defendants was not an avoidable preferential transfer because it was a contemporaneous exchange for new value and also satisfied an equitable lien under state law.
• William D. Seidle for the Est. of Airlift Int'l, Inc. v. Gatx Leasing Corp.
  778 F.2d 659· 11th Cir.· 1985-12-16
  A stipulation entered into under 11 U.S.C. § 1110, which allows a debtor to retain possession of aircraft by curing defaults, precludes a bankruptcy trustee from recovering pre-petition payments made pursuant to that stipulation as preferential transfers under 11 U.S.C. § 547.
• In re McCOY v. Gen. Motors Acceptance Corp.
  643 F.2d 684· 10th Cir.· 1981-03-03
  The court held that the Oklahoma exemption statute for motor vehicles extends only to the bankrupt's equity interest in the vehicle, not the vehicle itself.