Stevenson, In re--Haigler v. Deepak Singh
Feb
14
2025
Ruling
Transfer was avoidable as preferential as it was made within 90 days before bankruptcy for an antecedent debt, while the debtors were insolvent, and enabled transferee to receive more than in a Chapter 7 liquidation. (Bankr. D.S.C.)
Issue(s)
Preferences; Avoidable Transfers.
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Bridger Steel, Inc., In re--Samson v. LCF Grp., Inc.
Sep
30
2024
Ruling
Motion to compel arbitration denied as there was no arbitration agreement between defendant and the trustee and his right to recover payments was not derivative of the debtor's rights. (Bankr. D. Mont.)
Issue(s)
Preferences; Avoidable Transfers.
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Amerifirst Fin., Inc., In re
Aug
14
2024
Ruling
Creditors failed to assert a colorable claim for fraud and fraudulent inducement as they failedto justify reliance on unspecified promises. (Bankr. D. Del.)
Issue(s)
Preferences; Avoidable Transfers.
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Lilis Energy, Inc., In re--Baumgartner v. ICT Energy Sols., LLC
Jul
19
2024
Ruling
Summary judgment was denied on the issue of whether the transfer was a preference as therewas a genuine issue of material fact as to the inchoate lien defense. (Bankr. S.D. Tex.)
Issue(s)
Preferences; Avoidable Transfers.
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Williams, In re--Williams v. Baptist Health
May
30
2024
Ruling
Prepetition lien securing attorneys’ fee award was an avoidable preferential transfer. (Bankr.E.D. Ark.)
Issue(s)
Preferences; Avoidable Transfers.
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Chuza Oil Co., In re--Montoya v. Goldstein
Dec
12
2023
Ruling
Bankruptcy court correctly concluded that the earmarking doctrine was an available defensefor debtor's transfers to the principal's mother of money loaned to it for that purpose. (10thCir.)
Issue(s)
Preferences; Avoidable Transfers.
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Judge or Jurisdiction information not available
Center City Healthcare, LLC, In re--Center City Healthcare, LLC v. Medline Indus.
Nov
28
2023
Ruling
Leave to file an amended complaint to add an additional avoidable transfer denied as the factsin the case did not support allowing the amendment to relate back to the original complaint.(Bankr. D. Del.)
Issue(s)
Preferences; Avoidable Transfers.
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Court
:
- 11 U.S.C.
Scherzinger, In re--Scherzinger v. Blair Cnty. Tax Claim Bureau
Aug
18
2023
Ruling
Defendant was entitled to dismissal of plaintiff's action to avoid a pre-bankruptcy tax as thetransfer alleged to be preferential fell outside the 90 day preference period. (Bankr. W.D. Pa.)
Issue(s)
Preferences; Avoidable Transfers; Timing.
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Est. of Former W2W Entities, In re--Mitchell v. Kruckenberg
Aug
16
2023
Ruling
Elements of preference avoidance were established for two particular cash payments that hadbeen made to the managing member of the debtors. (Bankr. D. Or.)
Issue(s)
Preferences; Avoidable Transfers.
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- 11 U.S.C.
Sanger, In re--Sanger v. JMG Partners 2021, LP
Aug
01
2023
Ruling
Debtors could not avoid sale as a preferential transfer as the tax sale was held in compliancewith state law. (Bankr. M.D. Pa.)
Issue(s)
Preferences; Avoidable Transfers; Receipt by Creditor.
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