Legal Opinion

Welch v. Regions Bank (In re Mongelluzzi)

United States Bankruptcy Court, M.D. Florida

Decided July 18, 2018No. Case No. 8:11-bk-01927-CED; Adv. Pro. No. 8:14-ap-653-CEDPublishedCited by 4 opinions

1Opinion of the Court

Plaintiff seeks to avoid and recover three different types of transfers to Regions as fraudulent transfers under Chapter 726 of the Florida Statutes, the Florida Uniform Fraudulent Transfer Act, 11 U.S.C. § 548, and other applicable provisions of the Bankruptcy Code. The three types of transfers are described by Plaintiff as the "Overdraft Loan Repayment Transfers," the "Deposit Transfers," and the "Other Loan Repayment Transfers"29 (collectively, the "Transfers)."(1) The Overdraft Loan Repayment Transfers

Plaintiff alleges that Overdraft Loan Repayment Transfers were payments by Debtor to…

2Cases cited25 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Fitzpatrick v. City of AtlantaCourt of Appeals for the Eleventh Circuit · 1993
  3. Williams v. United StatesSupreme Court of the United States · 1982
  4. IBT International, Inc. v. Northern (In Re International Administrative Services, Inc.)Court of Appeals for the Eleventh Circuit · 2005
  5. Walter Burnes v. Pemco AeroplexCourt of Appeals for the Eleventh Circuit · 2002

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3Cited by4 opinions

  1. Cole, Jr. v. RossmanUnited States Bankruptcy Court, M.D. Florida · 2021
  2. Faulkner v. FirstCapital Bank of Texas, N.A.United States Bankruptcy Court, N.D. Texas · 2020
  3. Furr v. TD Bank, N.A.District Court, S.D. Florida · 2019
  4. The Commercial Bank v. ColquittUnited States Bankruptcy Court, M.D. Georgia · 2023

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