§ 547

Agriprocessors, Inc., In re

Ruling: 
Trustee could not recover debtors' intraday-overdraft-covering deposits from bank wherecourt found that debtors' intraday overdrafts did not give rise to antecedent debt. (8th Cir.)
ABI Membership is required to access the full summary of Agriprocessors, Inc., In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on June 15,2017, LexisNexis #0717-075

Alpha Protective Servs., In re--Gordon v. Sec. Essentials, Inc.

Ruling: 
Trustee was entitled to partial summary judgment as no genuine dispute of material fact existed as to payments made in the ordinary course of business being avoidable as preferential payments made on or within the 90 days prior to the petition date. (Bankr. M.D. Ga.)
ABI Membership is required to access the full summary of Alpha Protective Servs., In re--Gordon v. Sec. Essentials, Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on April 24,2017, LexisNexis #0517-136

Garcia, In re--Garcia v. P2 Props.

Ruling: 
Garnishment lien and the paid wages are subject to avoidance as record does not make clearwhen the wages were earned by debtor and paid to the garnishing creditor. (Bankr. D.N.M.)
ABI Membership is required to access the full summary of Garcia, In re--Garcia v. P2 Props.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 14,2017, LexisNexis #0517-073

Applegate Johnston, Inc., In re

Ruling: 
Transfers of funds by debtor was avoidable as no preliminary stop notice was given by defendant. (Bankr. E.D. Cal.)
ABI Membership is required to access the full summary of Applegate Johnston, Inc., In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on March 07,2017, LexisNexis #0417-049

Tenderloin Health, FKA, In re--Schoenmann v. Bank of the West

Ruling: 
Courts may account for hypothetical preference actions within a hypothetical chapter 7 liquidation if factually warranted, supported by appropriate evidence, and if the action would not contravene an independent statutory provision. (9th Cir.)
ABI Membership is required to access the full summary of Tenderloin Health, FKA, In re--Schoenmann v. Bank of the West. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on March 07,2017, LexisNexis #0417-050

Maloney v. N.C. Dep't of Revenue

Ruling: 
Motion to dismiss allowed where complaint fails to meet the Iqbal/Twombley standard forstating a claim for relief. (Bankr. E.D.N.C.)
ABI Membership is required to access the full summary of Maloney v. N.C. Dep't of Revenue. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 02,2017, LexisNexis #0417-015

E.D.C. Liquidating, In re--Pidcock v. Mo-Tech Corp.

Ruling: 
Liquidating trustee was not entitled to recover prepetition installment payments made by debtor, as payments to a creditor who was fully secured were not preferential. (Bankr. N.D. Ohio)
ABI Membership is required to access the full summary of E.D.C. Liquidating, In re--Pidcock v. Mo-Tech Corp.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on February 07,2017, LexisNexis #0317-041

Spizz v. Goldfarb Seligman & Co. (In re Ampal-American Isr. Corp.)

Ruling: 
Presumption against extraterritoriality prevented trustee from avoiding and recoveringprepetition transfer made in Israel. (Bankr. S.D.N.Y.)
ABI Membership is required to access the full summary of Spizz v. Goldfarb Seligman & Co. (In re Ampal-American Isr. Corp.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on January 09,2017, LexisNexis #0217-041

Pantazelos v. Benjamin (In re Pantazelos)

Ruling: 
Debtor could avoid and recover payment made to former attorneys as the payment was madewhile debtor was insolvent. (Bankr. N.D. Ill.)
ABI Membership is required to access the full summary of Pantazelos v. Benjamin (In re Pantazelos). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 27,2016, LexisNexis #0217-009

Dymarkowski v. Savage (In re Hadley)

Ruling: 
Trustee could avoid preferential transfers as debtor's attorney did not have a retaining lien.(B.A.P. 6th Cir.)
ABI Membership is required to access the full summary of Dymarkowski v. Savage (In re Hadley). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 21,2016, LexisNexis #0117-112

Pages

Subscribe to § 547