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Kansas

Brown v. Leslie Kitchenmaster & Kot Inc. (In re Hertzler Halstead Hosp.)

Plaintiff trustee sued defendant, an individual and a corporation, under 11 U.S.C. §§ 547 and 548 to avoid and recover alleged preferential and fraudulent transfers made to them by the debtor prior to the date of debtor's bankruptcy petition.
Ruling: 
Creditor could not avoid recovery of preferential transfers since the payments were not intended to be contemporaneous exchanges for new value but rather satisfied an antecedent debt.
ABI Membership is required to access the full summary of Brown v. Leslie Kitchenmaster & Kot Inc. (In re Hertzler Halstead Hosp.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Davis v. Charlies Care Inc. (In re Cruth)

Plaintiff trustee filed an adversary proceeding against defendant creditor, which sought to avoid a lien on a car as a preferential transfer under 11 U.S.C. § 547(b).
Ruling: 
Trustee was able to avoid creditor's lien on debtor's car as a preferential transfer since the creditor delayed in perfecting the security interest until during the 90-day prefiling lookback period.
ABI Membership is required to access the full summary of Davis v. Charlies Care Inc. (In re Cruth). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Morris v. Boeing Wichita Credit Union (In re Hicks)

Plaintiff, a chapter 7 trustee, brought an adversary proceeding against defendants, the debtors and their creditor, to avoid a lien pursuant to 11 U.S.C. § 544(a)(2). The creditor filed a third party complaint against third-party defendant, the State of Kansas Department of Revenue ("KDOR"), in the event that the trustee prevailed on his claim. The matter was before the court on a stipulation of facts and briefs of the parties.
Ruling: 
Trustee was granted motion to avoid creditor's lien since the certificate of title did not reflect the lien.
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