- 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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- 11 U.S.C.
Code Ann. § 66-12-102. Clinton Nurseries, Inc., In re--Clinton Nurseries, Inc. v. Pirtle Nursery, Inc.
Mar
17
2023
Ruling
Debtor's agreement to make monthly payments based on the number of trees planted on the creditor's farm was a lease rather than a services contract for purposes of preference proceeding. (Bankr. D. Conn.)
Issue(s)
Preferences; Avoidable Transfers; Receipt by Creditor.
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- 11 U.S.C.
Code Ann. § 66-12-102. Clinton Nurseries, Inc., In re--Clinton Nurseries, Inc. v. Pirtle Nursery, Inc.
Mar
17
2023
Ruling
Debtor's agreement to make monthly payments based on the number of trees planted on the creditor's farm was a lease rather than a services contract for purposes of preference proceeding. (Bankr. D. Conn.)
Issue(s)
Preferences; Avoidable Transfers; Receipt by Creditor.
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- 11 U.S.C.
Apex Rd. Commercial, LLC, In re--Meininger v. Phillips
Jun
03
2022
Ruling
Trustee did not establish that defendants obtained any avoidable, "cognizable" benefit as aresult of debtor's release of the litigation claims. (Bankr. M.D. Fla.)
Issue(s)
Preferences; Avoidable Transfers; Receipt by Creditor.
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:
- 11 U.S.C.
Reagor-Dykes Motors, LP, In re--Faulkner v. Ford Motor Credit Co., LLC
Jun
03
2022
Ruling
Trustee could not rely on the Ponzi-Scheme Presumption to relieve himself of the burden toprove fraudulent intent as debtor did not operate as a Ponzi scheme but accessed capitalthrough traditional financing that created debtor-creditor relationships. (Bankr. N.D. Tex.)
Issue(s)
Preferences; Avoidable Transfers; Receipt by Creditor.
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Judge or Jurisdiction information not available
- 11 U.S.C.
NewPage Corp., In re--PIRINATE Consulting Grp., LLC v. ERCO Worldwide
Apr
03
2018
Ruling
Litigation trustee was entitled to avoid a debtor's pre-petition transfer to defendant where contract had expired before the effective date and could not have been assumed by the debtor. (Bankr. D. Del.)
Issue(s)
Preferences; Avoidable Transfers; Receipt by Creditor.
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- 11 U.S.C.
Tenderloin Health, FKA, In re--Schoenmann v. Bank of the West
Mar
07
2017
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.)
Issue(s)
Preferences; Avoidable Transfers; Receipt by Creditor.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Garner v. Knoll Inc. (In re Tusa-Expo Holdings Inc.)
Jan
28
2016
Ruling
Avoidance properly denied where creditor made transfer from proceeds of own collateral.
Issue(s)
Did the bankruptcy court err in holding that transfers from proceeds of accounts receivable in which creditor held a security interest were not preferential?
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Judge or Jurisdiction information not available
- 11 U.S.C.
Sparkman v. American Residential Servs. LLC (In re Anderson Homes Inc.)
May
25
2012
Ruling
Payments to contractor during preference period could be avoided regardless of hypothetical lien rights had payment not been made.
Procedural posture
Defendant filed a motion for summary judgment in plaintiff chapter 7 trustee's action, which sought to recover pursuant to 11 U.S.C.S. § 547 a preferential transfer made by the debtor to defendant. The trustee filed a cross-motion for partial summary judgment.
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- 11 U.S.C.
Barber v. Central Bank Illinois (In re Trappers Creek LLC)
Mar
05
2010
Ruling
Transfer avoided as preferential where creditor was not fully secured and could not overcome presumption that debtor was insolvent at time it was made.
Procedural posture
Chapter 7 trustee filed a complaint against defendant creditor seeking to avoid a payment to the creditor by the debtor as a preference pursuant to 11 U.S.C.S. § 547. By way of defense, the creditor alleged alternatively that it was a secured creditor, that the payment was made in the ordinary course of business, and that it was outside the 90-day preference period. The trustee moved for summary judgment.
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