Legal Opinion

Bakst v. Wetzel

Court of Appeals for the Eleventh Circuit

Decided February 29, 2008No. 07-13488PublishedCited by 33 opinions

Non-Argument Calendar.

1Per curiam

Michael R. Bakst (“the trustee”), an attorney proceeding pro se, appeals the bankruptcy court’s order granting in part and denying in part his cross-motion for summary judgment. The trustee argues that, where the bankruptcy court has found a fraudulent transfer avoidable pursuant to 11 U.S.C. § 548, neither 11 U.S.C. § 550(d) nor Fla. Stat. § 726.109(3) provide for the adjustment of the amount of recovery based on pre-petition repayments to the Debtors or the Debtors’ creditors where there has been a finding of actual fraud. He contends that the transferee must have accepted the funds in good…

2Cases cited13 opinions

  1. IBT International, Inc. v. Northern (In Re International Administrative Services, Inc.)Court of Appeals for the Eleventh Circuit · 2005
  2. In Re Edward J. Waldron, Debtors, Shell Oil Company, Cross-Appellee v. Edward J. Waldron and Elizabeth M. Waldron, His Wife, Cross-AppellantsCourt of Appeals for the Eleventh Circuit · 1986
  3. In the Matter of Barbara Garfinkle, Bankrupt. Arthur Dooley, Trustee, and Penthouse International, Ltd. v. Kenneth J. Weil, Trustee in BankruptcyCourt of Appeals for the Eleventh Circuit · 1982
  4. In Re: Optical Technologies, Inc., Debtor. Delaine Gray, as Distribution Trustee for the Consolidated Debtors, Plaintiff v. Raymond Manklow, Jean Francois VincensCourt of Appeals for the Eleventh Circuit · 2001
  5. Amlong & Amlong, P.A. v. Denny's, Inc.Court of Appeals for the Eleventh Circuit · 2006

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3Cited by33 opinions

  1. 45 John Lofts, LLC v. Meridian Capital Grp. LLC (In re 45 John Lofts, LLC)United States Bankruptcy Court, S.D. New York · 2019
  2. Meoli v. Huntington National Bank (In Re Teleservices Group, Inc.)United States Bankruptcy Court, W.D. Michigan · 2012
  3. Senior Transeastern Lenders v. Official Committee of Unsecured Creditors (In Re Tousa, Inc.)Court of Appeals for the Eleventh Circuit · 2012
  4. Kipperman v. Onex Corp.District Court, N.D. Georgia · 2009
  5. Tronox Inc. v. Anadarko Petroleum Corp. (In re Tronox Inc.)United States Bankruptcy Court, S.D. New York · 2012

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