No. 20-1076

SE Property Holdings, LLC, as Successor by Merger to Vision Bank v. Jerry D. Gaddy

Lower Court: Eleventh Circuit
Docketed: 2021-02-08
Status: Denied
Type: Paid
Relisted (2)
Tags: 11-usc-523-a-2-a actual-fraud asset-transfer bankruptcy-discharge bankruptcy-law circuit-split creditor-rights debtor-protection fraudulent-transfers husky-international-electronics-inc-v-ritz
Latest Conference: 2021-09-27 (distributed 2 times)
Question Presented (from Petition)

1. Does a creditor sufficiently state a claim under 11 U.S.C. § 523(a)(2)(A) to except from discharge a debt "for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by . . . actual fraud" where the creditor alleges that the debtor fraudulently transferred assets while receiving post-transfer benefits derived from those assets?

2. Can a creditor to whom the debtor owes an underlying debt state a claim under 11 U.S.C. § 523(a)(2)(A) where the creditor seeks non-discharge "to the extent of [debtor's fraud]" and alleges that after incurring the underlying debt, the debtor engaged in a pattern of fraudulent transfers to hinder, delay, and defraud the creditor?

Question Presented (AI Summary)

Does a creditor sufficiently state a claim under 11 U.S.C. § 523(a)(2)(A) to except from discharge a debt for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by actual fraud where the creditor alleges that the debtor fraudulently transferred assets while receiving post-transfer benefits derived from those assets?

Docket Entries

2021-10-04
Motions for damages pursuant to Rule 42.2 DENIED.
2021-09-08
Motions DISTRIBUTED for Conference of 9/27/2021.
2021-05-03
Response to motion for damages and counter motion for damages by petitioner filed.
2021-04-27
Motion for damages under Rule 42.2 filed by respondent Jerry D. Gaddy.
2021-04-19
Petition DENIED.
2021-03-24
DISTRIBUTED for Conference of 4/16/2021.
2021-03-18
Reply of petitioner SE Property Holdings, LLC, as Successor by Merger to Vision Bank filed.
2021-03-09
Brief of respondent Jerry D. Gaddy in opposition filed.
2021-01-29
Petition for a writ of certiorari filed. (Response due March 10, 2021)

Attorneys

Jerry D. Gaddy
Douglas Joseph CentenoBenton, Centeno & Morris, LLP, Respondent
SE Property Holdings, LLC, as Successor by Merger to Vision Bank
Richard Mark GaalMcDowell Knight Roedder & Sledge, LLC, Petitioner