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§ 547(b)(4)

Rock Branch Mech., In re

Ruling: 
Trustee was entitled to summary judgment insofar as he sought to avoid the securitycompany's recordation of its security interest. (Bankr. S.D. W. Va.)
Court: Judge or Jurisdiction information not available
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Commercial case opionion summary, case decided on September 09,2016, LexisNexis #0519-037

Brownlee, In re--Kelley v. First Cmty. Bank

Ruling: 
Transfer of a judicial lien on real property was avoidable as acquisition occurred within the look-back period. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on December 03,2018, LexisNexis #0119-044

Rentas v. Olavarria (In re Editorial Flash, Inc.)

Ruling: 
Trustee’s proceeding for avoidance of transfer outside 90-day reachback period dismissed dueto failure to establish that the transfer was to an insider. (Bankr. D.P.R.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on June 29,2016, LexisNexis #1116-124

Wolff v. United States IRS (In re FirstPay Inc.)

Ruling: 
Trustee could not recover funds transferred by debtor payroll processing firm to the IRS.
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Commercial case opionion summary, case decided on December 12,2014, LexisNexis #0115-020

Rentas v. Aguadilla Shopping Ctr. Inc. (In re PMC Mktg. Corp.)

Ruling: 
Check issued and cashed outside of preference period was not an avoidable preference.
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Commercial case opionion summary, case decided on January 15,2014, LexisNexis #0214-024

Allred v. I-90 Fuel Servs. (In re Kirschman)

Chapter 7 trustee filed an adversary complaint under 11 U.S.C.S. § 547 to avoid as preferential transfers, payments made by the debtor, who was an assistant manager at a truck stop owned and operated by defendant transferee. Debtor had bounced three checks for a total of $4,000 to the transferee, and had subsequently made credit card payments to Telecheck to cover that amount.
Ruling: 
Payment by truck stop manager to owner within one year of petition date was not made to an insider and was not avoidable.
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Consumer case opionion summary, case decided on November 15,2012, LexisNexis #1212-054

In re Longview Aluminum LLC

Appellant, a member of a limited liability company (LLC) that filed for chapter 11 bankruptcy, appealed a judgment of the United States District Court for the Northern District of Illinois that affirmed a decision of a bankruptcy court that held that appellee trustee could void and recover transfers that were made to the member from the LLC less than one year before the bankruptcy filing pursuant to 11 U.S.C.S. § 547(b)(4)(B).
Ruling: 
Member of debtor LLC could be an insider for avoidance purposes.
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Commercial case opionion summary, case decided on September 02,2011, LexisNexis #0911-140

Kotoshirodo v. Brennan (In re Lull)

Chapter 7 trustee filed a complaint against defendant creditor to recover avoidable preferential transfers from the debtor to the creditor under 11 U.S.C.S. § 547(b). The parties filed cross-motions for summary judgment. At a previous hearing, the trustee's motion was granted as to all elements of avoidable preferences except for the question of whether the creditor was an "insider" as defined in 11 U.S.C.S. § 101(31).
Ruling: 
Transferee, owner of LLC, of which debtor Ponzi scheme operator's corporation was majority member and co-owner, was an insider, entitling trustee to extended reach back.
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Consumer case opionion summary, case decided on April 26,2011, LexisNexis #0511-090

Cohen v. Roy (In re Cohen)

Plaintiff debtor filed an adversary complaint against creditor defendants pursuant to 11 U.S.C.S. §§ 547 and 550, seeking a determination that a writ of garnishment-created judgment lien, that was avoidable as a preference. The creditors asserted that their interest in the debtor's stock account was not avoidable because they filed the judgment certificate more than 90 days before the debtor filed his chapter 11 petition.
Ruling: 
Judgment lien avoided as preferential where there was no in-state interest to attach prior to preference period.
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Consumer case opionion summary, case decided on October 30,2009, LexisNexis #1209-051

Anstine v. Carl Zeiss Meditec AG (U.S. Medical Inc.)

Appellant trustee sued appellee creditor pursuant to 11 U.S.C.S. § 547(b)(4)(B), seeking to avoid certain transfers. The bankruptcy court held that the creditor was a nonstatutory insider under 11 U.S.C.S. § 101(31) and permitted the trustee to avoid the transfers. The United States Bankruptcy Appellate Panel reversed the bankruptcy court. The trustee appealed the judgment.
Ruling: 
Bankruptcy appellate panel properly reversed finding that creditor was an insider where creditor operated at arm's length on transfer in question.
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Commercial case opionion summary, case decided on July 15,2008, LexisNexis #0808-066

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