certiorari Archives - Chicago Bankruptcy Lawyer https://leederslaw.com/tag/certiorari LEEDERS LAW Tue, 21 Nov 2023 21:09:04 +0000 en-US hourly 1 https://wordpress.org/?v=6.9 https://leederslaw.com/wp-content/uploads/2022/03/cropped-cropped-cropped-Leeders-Law-Logo-e1677182027648-1-32x32.png certiorari Archives - Chicago Bankruptcy Lawyer https://leederslaw.com/tag/certiorari 32 32 Supreme Court denied bankruptcy trustee certiorari petition regarding fraudulent transfer. https://leederslaw.com/supreme-court-denied-bankruptcy-trustee-certiorari-petition-regarding-fraudulent-transfer Wed, 11 Oct 2017 17:16:21 +0000 http://leederslaw.com/?p=579 The Supreme Court did not grant certiorari from the 4th Circuit to resolve a spit of decisions, and thus declined to rule on whether a transfer into someone’s own bank account qualifies as a “transfer” on which a fraudulent transfer …

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The Supreme Court did not grant certiorari from the 4th Circuit to resolve a spit of decisions, and thus declined to rule on whether a transfer into someone’s own bank account qualifies as a “transfer” on which a fraudulent transfer suit may arise.

Ivey v. First Citizens Bank & Trust Co., 16-1330 (Sup. Court)

In Ivey v. First Citizens Bank & Trust Co. (In re Whitley), 848 F.3d 205 (4th Cir. Jan. 31, 2017), the Fourth Circuit held that a deposit into one’s own bank account is not a “transfer” per Bankruptcy Code Section 101(54) and thus there is no grounds for objection based on a fraudulent transfer with actual intent to hinder or delay creditors under Section 548(a)(1)(A).

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