Scott v. SunTrust Bank, N.A. (In re: Dandridge), 2020 WL 2614615 (Bankr. W.D.Va. Jan. 31, 2020)
Jan 31, 2020OUTCOME: Court granted partial summary judgment on fraudulent transfer claims based on earmarking doctrine
Richmond, VA
Litigation Lawyer at Richmond, VA
Practice Areas: Litigation, Insurance ... +3 more
OUTCOME: Court granted partial summary judgment on fraudulent transfer claims based on earmarking doctrine
OUTCOME: Granting partial summary judgment on trustee's claims to avoid transfers "passing through" bank from debtor's account to accounts held by other entities owned by debtor
Chapter 7 trustee sought to avoid and recover as fraudulent transfers both (a) funds "passing through" bank and (b) funds received by bank for loans, fees, and charges. Trustee's avoidance claims total ... ed in excess of $ 3 million.
OUTCOME: Court granted summary judgment that coverage under lawyer professional liability policy excluded by "negligent supervision" exclusion
OUTCOME: Court granted motion for judgment on insurance coverage issue involving exclusionary language in loss payee clause
OUTCOME: Court granted motion to dismiss all but contract-based lender liability claims and enforcing contractual waivers of jury trial, punitive damages, and consequential damages.