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§ 547(b)(2)

Agriprocessors, Inc., In re

Jun
15
2017
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.)
Issue(s)
Preferences; Avoidable Transfers; Antecedent Debt.

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:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on June 15, 2017 , LexisNexis #0717-075
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Dots LLC v. Capstone Media (In re Dots LLC)

Jul
16
2015
Ruling
Prepayments for work performed by creditor were not on account of antecedent debt and not avoidable preferential transfers.
Issue(s)
Were debtors' payments to media services company made on account of antecedent debts and avoidable preferences?

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Commercial opinion summary, case decided on July 16, 2015 , LexisNexis #0815-057
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Gocha v. Cooper (In re Bailey)

May
11
2010
Ruling
Payments to debtor's parents on account of antecedent debt were avoidable.
Procedural posture

Plaintiff, the chapter 7 trustee, filed an adversary complaint against defendants, the parents of the debtor wife, seeking to avoid and recover a transfer of $ 11,000 made by the debtors within ninety days before filing their bankruptcy petition. At issue was whether the debtors made the transfer for or on account of an antecedent debt, that is, that was owed by the debtors before such transfer was made, under 11 U.S.C.S. § 547(b)(2).

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Consumer opinion summary, case decided on May 11, 2010 , LexisNexis #0810-094
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Swope v. Tilton (In re Tilton Corp.)

Feb
03
2009
Ruling
Release of liability on guarantee was not a preferential transfer.
Procedural posture

Chapter 7 trustee alleged that two prepetition transfers by a corporate debtor were preferential under 11 U.S.C.S. § 547(b). It was deemed admitted that one transfer was made in the ordinary course of the debtor's business and was therefore not preferential. Only the transfer to a bank and the resulting release of defendant shareholders as guarantors of the bank debt were at issue in the shareholders motion for summary judgment.

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Commercial opinion summary, case decided on February 03, 2009 , LexisNexis #0609-088
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Midwest Holding 7 LLC v. Anderson (In re Tanner Family LLC)

Feb
03
2009
Ruling
Bankruptcy court properly held that lease termination prepayment was for or on account of antecedent debt and avoidable.
Procedural posture

Plaintiff appealed an order of the United States District Court for the Northern District of Georgia affirming a bankruptcy court's denial of its motion for summary judgment and grant of summary judgment in favor of defendant trustee.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on February 03, 2009 , LexisNexis #0309-064
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Velde v. First Intl Bank & Trust (In re Y-Knot Constr. Inc.)

Jun
08
2007
Ruling
Aproval of settlement of preference proceeding reversed as bankruptcy court failed to make required findings of fact.
Procedural posture

Appellant creditor, a bank, challenged an order from the Bankruptcy Court for the District of Minnesota, which granted a motion of appellee trustee to compromise a preference action against another creditor, a lumber company, under Fed. R. Bankr. P. 9019.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on June 08, 2007 , LexisNexis #0807-030
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