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§ 546(c)

Liberty Bridge Cap. Mgmt. GP, LLC, In re

Sep
24
2024
Ruling
Transferee was protected from avoidance even if it failed to conduct a preliminary, diligent inquiry as there were no suspicious facts surrounding the transfer that would reflect the debtor's fraudulent intent or imminent insolvency. (Bankr. S.D.N.Y.)
Issue(s)
Limitations on Avoiding Powers; Seller's Right of Reclamation.

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Commercial opinion summary, case decided on September 24, 2024 , LexisNexis #1224-009
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hhgregg, Inc., In re--Whirlpool Corp. v. Wells Fargo Bank, N.A.

Feb
11
2020
Ruling
Judgment affirmed where bankruptcy judge correctly subordinated creditor's reclamationclaim to the DIP financing lien. (7th Cir.)
Issue(s)
Limitations on Avoiding Powers; Seller's Right of Reclamation.

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:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on February 11, 2020 , LexisNexis #0320-089
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In re Circuit City Stores Inc.

Mar
05
2010
Ruling
Right of reclamation extended only to goods provided to debtor, not to proceeds.
Procedural posture

Debtors in possession (DIPs), electronics retailers, moved for summary judgment on objections to reclamation claims asserted by respondents, creditors who claimed to have supplied products to DIPs within the 45-day period prior to the filing of the chapter 11 case. At issue was whether the creditors, by filing reclamation claims under 11 U.S.C.S. § 546(c), possessed claims that were either secured or entitled to priority under § 546(c).

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Commercial opinion summary, case decided on March 05, 2010 , LexisNexis #0510-095
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In re Magwood

Feb
22
2008
Ruling
Seller's right to reclaim vehicle was stayed on petition date.
Procedural posture

Creditor filed a motion for relief from the automatic stay to exercise its right under 11 U.S.C.S. § 546(c)(1) to reclaim a vehicle sold to the debtor. The debtor objected to the motion. The issue was whether a sale must have been in the ordinary course of business of both the buyer and seller to give the seller a right of reclamation.

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Consumer opinion summary, case decided on February 22, 2008 , LexisNexis #0308-122
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In re Dana Corp.

Apr
19
2007
Ruling
Reclamation claims against goods disposed of to pay prior lienholders were valueless.
Procedural posture

The court entered a reclamation order, establishing procedures for resolving reclamation claims. The debtors filed a notice and proposed reconciliation of some 132 reclamation claims, asserting a prior lien defense to the claims. The reclamation claimants, parties that had supplied prepetition goods to the debtors in the course of business just prior or during the debtors'insolvency, filed objections to the reclamation notice.

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opinion summary, case decided on April 19, 2007 , LexisNexis #0607-008
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