Legal Opinion
Williams v. Federal Deposit Insurance (In Re Positive Health Management)
Court of Appeals for the Fifth Circuit
Decided October 16, 2014No. 12-20687PublishedCited by 10 opinions
1Opinion of the Court
GREGG COSTA, Circuit Judge:
The Bankruptcy Code allows a trustee to recover fraudulent transfers made by the debtor prior to bankruptcy. 11 U.S.C. § 548(a). An innocent recipient of such a fraudulent transfer is not without a defense, however. The Code allows a transferee that takes in good faith to retain what it received from the debtor in a fraudulent transfer “to the extent that such transferee ... gave value to the debt- or in exchange for such transfer.” 11 U.S.C. § 548(c). This appeal from a bankruptcy court decision that allowed the innocent recipient of fraudulent transfers to retain…
2Cases cited21 opinions
- Sosa v. Alvarez-MachainSupreme Court of the United States · 2004
- Adrian Cavallini v. State Farm Mutual Auto Insurance Co.Court of Appeals for the Fifth Circuit · 1995
- Warfield v. ByronCourt of Appeals for the Fifth Circuit · 2006
- Donell v. KowellCourt of Appeals for the Ninth Circuit · 2008
- Balaber-Strauss v. Sixty-Five Brokers (In Re Churchill Mortgage Investment Corp.)United States Bankruptcy Court, S.D. New York · 2000
16 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Think3 Litigation Trust v. Zuccarello (In re Think3, Inc.)United States Bankruptcy Court, W.D. Texas · 2015
- Doeling v. O'Neill (In re O'Neill)United States Bankruptcy Court, D. North Dakota · 2016
- Ultra Petroleum Corporation v. Ad Hoc CommiCourt of Appeals for the Fifth Circuit · 2019
- Ultra Petroleum Corp. v. Ad Hoc Comm. of Unsecured Creditors of Ultra Res., Inc. (In Re Ultra Petroleum Corp.)Court of Appeals for the Fifth Circuit · 2019
- United States v. Thad TheallCourt of Appeals for the Fifth Circuit · 2015
5 more not listed; retrieve them via the Exa API.