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§ 101(31)(A)

Haag, In re--Wilson v. Henrichs Ins. Servs.

Dec
17
2018
Ruling
Trustee's complaint failed to state a plausible claim that transferee was a statutory insider to debtors as there was no assertion that either debtor was a person in control of the transferee. (Bankr. C.D. Ill.)
Issue(s)
Definitions; “Insider”; Individual.

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Consumer opinion summary, case decided on December 17, 2018 , LexisNexis #0119-086
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Rupp v. United Sec. Bank (In re Kunz)

Jun
05
2007
Ruling
Bank of which debtor was a non-controlling "director emeritus" was not an insider.
Procedural posture

Plaintiff debtor filed a bankruptcy proceeding wherein plaintiff trustee maintained that prepetition transfers from the debtor to defendant bank were preferential under 11 U.S.C. § 547(b) as the bank was both a per se insider under 11 U.S.C. § 101(31)(A) and an extra-statutory insider. Plaintiffs challenged a decision of the Bankruptcy Appellate Panel for the Tenth Circuit, which reversed a grant of partial summary judgment to the trustee.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on June 05, 2007 , LexisNexis #0707-019
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