IN RE ENGLER

Bankruptcy No. 9:08-bk-04360-MGW. Adversary No. 9:10-ap-00516-MGW.

490 B.R. 622 (2013)

In re Ulrich Felix Anton ENGLER, Private Commercial Office, Inc., and PCO Client Management, Inc., Debtor. Robert E. Tardif, Jr., as Trustee for the Chapter 7 Bankruptcy Estates of Ulrich Felix Anton Engler and Private Commercial Office, Inc., Plaintiff, v. Friedrich Herrling, Defendant.

United States Bankruptcy Court, M.D. Florida, Tampa Division.

April 11, 2013.


Attorney(s) appearing for the Case

Robert F. Elgidely, Esq. , Genovese Joblove & Battista, P.A., for Plaintiff.

John L. Urban, Esq. , Urban Thier Federer & Chinnery, P.A., for Defendant.


MEMORANDUM OPINION ON COMPLAINT TO AVOID AND RECOVER FRAUDULENT TRANSFERS AND FOR UNJUST ENRICHMENT

MICHAEL G. WILLIAMSON, Bankruptcy Judge.

Under § 548(c) of the Bankruptcy Code, the initial transferee of a fraudulent transfer may avoid liability if the transferee gave adequate consideration and received the transfer in good faith. Alternatively, recovery from the initial transferee is unavailable if the transferee can demonstrate that he was...

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