From Casetext: Smarter Legal Research

In re Van Brock

United States Bankruptcy Court, S.D. Florida
Sep 1, 1983
33 B.R. 546 (Bankr. S.D. Fla. 1983)

Summary

dismissing creditor's section 548 claim because "[t]hat statutory cause of action may be asserted only by a trustee. . . ."

Summary of this case from Surf N Sun Apts., Inc. v. Dempsey

Opinion

Bankruptcy No. 82-02278-BKC-TCB. Adv. No. 83-0667-BKC-TCB-A.

September 1, 1983.

Murray B. Weil, Miami Beach, Fla., for plaintiff.

Angus Campbell, West Palm Beach, Fla., for debtors.


ORDER OF DISMISSAL


This matter was tried before me on August 30. The only issue framed by the pleadings was the debtors' intent in creating an inter vivos revocable trust on July 22, 1982. The evidence of the parties was received.

Exchange National Bank of Chicago, a creditor, seeks avoidance of an alleged fraudulent transfer under 11 U.S.C. § 548. That statutory cause of action may be asserted only by a trustee or, under § 1107(a), by a chapter 11 debtor in possession. Plaintiff is neither. Accordingly, this complaint is dismissed without prejudice to any similar action instituted by the appropriate plaintiff.

DONE and ORDERED at Miami, Florida, this 1st day of September, 1983.


Summaries of

In re Van Brock

United States Bankruptcy Court, S.D. Florida
Sep 1, 1983
33 B.R. 546 (Bankr. S.D. Fla. 1983)

dismissing creditor's section 548 claim because "[t]hat statutory cause of action may be asserted only by a trustee. . . ."

Summary of this case from Surf N Sun Apts., Inc. v. Dempsey
Case details for

In re Van Brock

Case Details

Full title:In re Gary Charlotte VAN BROCK, Debtors. EXCHANGE NATIONAL BANK OF…

Court:United States Bankruptcy Court, S.D. Florida

Date published: Sep 1, 1983

Citations

33 B.R. 546 (Bankr. S.D. Fla. 1983)

Citing Cases

In re Curry and Sorensen, Inc.

Section 548 establishes power to avoid fraudulent transfers, which usually may only be asserted by a trustee…

Surf N Sun Apts., Inc. v. Dempsey

"); In re Fritz, 88 B.R. 434, 436 (Bankr.S.D.Fla. 1988) (fraudulent transfer action "is available only to the…