Friedmeyer v. Breath of Life O2, LLC (In re Breath of Life Home Medical Equipment and Respiratory Services, Inc.)

(Bankr. S.D. Ind. Mar. 20, 2017)

The bankruptcy court denies the defendants’ motion to dismiss, with the exception of one claim for equitable subordination against one of the defendants. The complaint filed by the trustee asserted counts for veil piercing, fraud and fraudulent transfer, preference avoidance, breach of fiduciary duty, and a demand for accounting and turnover. Opinion below.

Judge: Moberly

Attorney for Trustee: Mark A. Warsco

Attorneys for Defendants: Alerding Castor Hewitt LLP, Michael J. Alerding, Julia E. Dimick, Mitchell Alan Greene, Anthony Frederick Roach; Abraham Murphy

2017-03-20 – in re breath of life home medical

Author: Matt Lindblom

Grede v. Bank of New York Mellon Corp. (In re Sentinel Management Group, Inc.)

(7th Cir. Jan. 8, 2016)

The Seventh Circuit reverses the district court’s decision that the bank defendant did not have inquiry notice when it loaned funds to a cash management entity that was able to provide collateral far in excess of the value of its own assets—it was pledging the cash of its customers. The court affirms the district court’s decision that the bank’s behavior did not rise to the level of warranting equitable subordination of its claim. Opinion below.

2016-01-08 – in re sentinel management group

Author: Matt Lindblom