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David Cutler Industries, Ltd. v. Bank of America (In re David Cutler Industries, Ltd.)

United States Bankruptcy Court, E.D. Pennsylvania

Decided November 19, 2013No. Bankruptcy No. 09-18716 ELF; Adversary No. 11-0792 ELFPublishedCited by 10 opinions

1Opinion of the Court

OPINION

ERIC L. FRANK, Chief Judge.

I. INTRODUCTION

Plaintiff David Cutler Industries, Ltd. (“DCI”), the chapter 11 liquidating debtor herein, seeks to avoid $155,313.84 in pre-petition transfers it made to Defendants Bank of America and Marix Servicing, LLC.1 DCI made the transfers were made on account of a loan owed by its then-president, Darryl Cutler and secured by a mortgage on his personal residence. In its Amended Complaint, DCI asserts that the transfers are avoidable pursuant to the actual and constructive fraud provisions of the Bankruptcy Code, 11 U.S.C. §§ 544(b), 548(a), and 550,…

2Cases cited67 opinions

  1. Stern v. MarshallSupreme Court of the United States · 2011
  2. Official Committee of Unsecured Creditors v. R.F. Lafferty & Co., Inc. Cogen Sklar, L.L.PCourt of Appeals for the Third Circuit · 2001
  3. Hays and Company, as Trustee for Monge Oil Corporation v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Third Circuit · 1989
  4. Mellon Bank, N.A. v. Metro Communications, Inc.Court of Appeals for the Third Circuit · 1991
  5. Mediators, Inc. v. Manney (In re Mediators, Inc.)Court of Appeals for the Second Circuit · 1997

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3Cited by10 opinions

  1. Philadelphia Entertainment & Development Partners, L.P. v. Pennsylvania Department of Revenue (In re Philadelphia Entertainment & Development Partners, L.P.)United States Bankruptcy Court, E.D. Pennsylvania · 2016
  2. Finkel ex rel. Estate of Atomica Design Group, Inc. v. WeVeel LLC (In re Atomica Design Group, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 2016
  3. SE Property Holdings, LLC v. BraswellDistrict Court, S.D. Alabama · 2017
  4. In re SydnorUnited States Bankruptcy Court, E.D. Pennsylvania · 2017
  5. ACJK, Inc. v. AETNA HEALTH MANAGEMENT, LLCUnited States Bankruptcy Court, S.D. Illinois · 2026

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