Mulholland, In re--Cohen v. Trahan
Jul
06
2023
Ruling
Creditor's garnishment lien could be avoided as debtors were insolvent at the time the lienwas secured. (Bankr. M.D. Fla.)
Issue(s)
Preferences; Avoidable Transfers.
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Court
:
- 11 U.S.C.
Iannarino, In re--Coutinho v. Stifel Fin. Corp.
Jun
02
2023
Ruling
Bankruptcy trustee was not entitled to avoid prejudgment attachment of debtor's investment accounts as the resulting lien was created outside of the preference period. (Bankr. S.D. Ohio)
Issue(s)
Preferences.
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Court
:
- 11 U.S.C.
ServiCom LLC, In re--Katz v. Merch. Auto. Grp., Inc.
Mar
31
2023
Ruling
Preferential payments made by the debtor were avoidable to the extent the new value of debtor's continued possession and use of leased vehicles was not shown to have been granted after payment to the defendant. (Bankr. D. Conn.)
Issue(s)
Preferences.
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Court
:
- 11 U.S.C.
Code Ann. § 66-12-102. Clinton Nurseries, Inc., In re--Clinton Nurseries, Inc. v. Pirtle Nursery, Inc.
Mar
17
2023
Ruling
Debtor's agreement to make monthly payments based on the number of trees planted on the creditor's farm was a lease rather than a services contract for purposes of preference proceeding. (Bankr. D. Conn.)
Issue(s)
Preferences; Avoidable Transfers; Receipt by Creditor.
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Court
:
- 11 U.S.C.
Code Ann. § 66-12-102. Clinton Nurseries, Inc., In re--Clinton Nurseries, Inc. v. Pirtle Nursery, Inc.
Mar
17
2023
Ruling
Debtor's agreement to make monthly payments based on the number of trees planted on the creditor's farm was a lease rather than a services contract for purposes of preference proceeding. (Bankr. D. Conn.)
Issue(s)
Preferences; Avoidable Transfers; Receipt by Creditor.
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Court
:
- 11 U.S.C.
Cornerstar Wine & Liquor, LLC, In re--Weinman v. Dragul
Mar
10
2023
Ruling
Transfers for the same amount, the same purpose, and at the same time each month were made in the ordinary course of business. (Bankr. D. Colo.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.
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Court
:
- 11 U.S.C.
Liquidating Estate of H&P, Inc., In re--Albert's Cap. Servs., LLC v. Kreitz Motor Express, Inc.
Feb
23
2023
Ruling
Transfers were preferential absent affirmative defenses by transferees. (Bankr. W.D. Pa.)
Issue(s)
Preferences.
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Court
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Dedrick, In re--Kelly v. McDonald
Feb
23
2023
Ruling
Plaintiff established the elements to avoid and set aside a transfer to defendant as debtor testified she paid defendant for back rent and there was a financial trail. (Bankr. D. Neb.)
Issue(s)
Preferences; Avoidable Transfers.
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Handrix, In re
Feb
13
2023
Ruling
Chapter 7 trustee was entitled to void a senior security deed as a preference where there was no dispute that the transfer was made on account of antecedent debt. (Bankr. N.D. Ga.)
Issue(s)
Preferences; Avoidable Transfers.
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Court
:
- 11 U.S.C.
Lilis Energy, In re
Feb
06
2023
Ruling
Plaintiff was entitled to summary judgment in preference proceeding as defendant's sole response was to state that additional discovery was necessary to establish its defense. (Bankr. S.D. Tex.)
Issue(s)
Preferences.
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