Home

Recent Blog Entries

What is a Fraudulent Transfer? Decision in Elrod Holdings Explains

by admin | Sun, 03/07/2010 - 20:55

Introduction
Section 548 of the United States Bankruptcy Code allows for the avoidance of transfers that are either intentionally or constructively fraudulent.  Section 548 provides, in relevant part, as follows:

Chp. 7 Trustee Files Preference Actions in HomeBanc Mortgage Bankruptcy

by admin | Mon, 03/01/2010 - 20:39

George Miller, the Chapter 7 Trustee in the HomeBanc Mortgage bankruptcy, recently filed approximately 400 preference actions against various defendants under section 547 of the Bankruptcy Code.  According to a Summons filed in one of the adversary actions,  the first pre-trial conference is scheduled in the United States Bankruptcy Court for the District of Delaware on April 21, 2010.  The HomeBanc bankruptcy, along with these adversary actions, are before the Honorable Kevin J. Carey,  Chief Judge of the Delaware Bankruptcy Court.

Trustees in the Pope & Talbot and Specialty Motors Bankruptcies File Hundreds of Preference Actions

by admin | Wed, 11/18/2009 - 14:48

The Chapter 7 Trustees in the Pope & Talbot and Specialty Motors bankruptcies recently filed hundreds of complaints in the United States Bankruptcy Court for the District of Delaware.  George Miller is the Chapter 7 Trustee in the Pope & Talbot bankruptcy while Jeoffrey Burtch is the Trustee in the Specialty Motors (aka "Von Weise Inc.") bankruptcy.  Both groups of complaints seek the avoidance and recovery of alleged preferential transfers from various creditors of the debtors.