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§ 547(b)(1)

Quadrant 4 Sys. Corp., In re

Nov
14
2019
Ruling
Liquidating trustee could avoid preferential transfers made to or for the benefit of defendant.(Bankr. N.D. Ill.)
Issue(s)
Preferences; Avoidable Transfers; Transfer to or for Benefit of Creditor.

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Commercial opinion summary, case decided on November 14, 2019 , LexisNexis #1219-088
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Neilson v. Agnew (In re Harris Agency LLC)

Aug
29
2012
Ruling
Avoidance proceeding dismissed to the extent trustee made inadequate allegations.
Procedural posture

Plaintiff chapter 11 trustee filed an amended complaint against defendants seeking, inter alia, to avoid preferential transfers, to avoid and recover allegedly fraudulent transfers, seeking enforcement of a court order, seeking to recover postpetition transfers, seeking turnover, and stating claims for breach of fiduciary duty and aiding and abetting breach of fiduciary duty. Defendants moved to dismiss pursuant to Fed. R. Civ. P. 12(b)(6).

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Commercial opinion summary, case decided on August 29, 2012 , LexisNexis #1212-090
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Shubert v. Lucent Techs. Inc. (In re Winstar Communs. Inc.)

Dec
21
2005
Ruling
Trustee was able to avoid transfers as preferential and was granted equitable subordination of the creditor's claim since the creditor as the debtor's lender had coerced the debtor into purchasing unneeded products.
Procedural posture

Plaintiff, a chapter 7 trustee substituted for a debtor, asserted against defendant creditor claims for, inter alia, breach of contract, preferential transfer avoidable under 11 U.S.C. § 547, equitable subordination. The creditor filed counterclaims for, inter alia, fraud and misrepresentation. Those claims were tried to the court.

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opinion summary, case decided on December 21, 2005 , LexisNexis #0306-026
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