Rodriguez v. Whatcott (In re Walker)

Jun

2008

Ruling

Recording of judgment lien was an avoidable transfer.

Procedural posture

Chapter 7 Trustee filed an adversary proceeding against defendant creditor seeking to avoid a transfer under 11 U.S.C.S. § 547(b). The transfer occurred when the creditor's judgment lien was recorded against real property owned by the debtor. The parties disagreed only as to whether the Trustee established the requirement of 11 U.S.C.S. § 547(b)(5).

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Court :

District of Colorado ( Judge Campbell ) [ Bankruptcy Court ]

Consumer opinion summary, case decided on June 12, 2008 , LexisNexis #0708-082

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11 U.S.C.

Falcon Creditor Trust v. First Ins. Funding (In re Falcon Prods.)

Jan

2008

Ruling

Hypothetical liquidation test for alleged preferential transfers must be conducted as of petition date, not transfer date.

Procedural posture

Appellant, a creditor trust for a chapter 11 debtor, challenged a decision of the Bankruptcy Court for the District of Missouri, which held that certain payments made to appellee creditor within the 90-day preference period were not preferential under 11 U.S.C. § 547.

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Court :

Judge or Jurisdiction information not available

Commercial opinion summary, case decided on January 28, 2008 , LexisNexis #0208-081

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11 U.S.C.

Bryant v. JCOR Mech. Inc. (In re Electron Corp.)

Jan

2006

Ruling

Payments were not preferential transfers since the materialman was a secured creditor in that the materialman would have been entitled to perfect a statutory lien had the materialman not been paid in full.

Procedural posture

Defendant materialman appealed an order of the bankruptcy court that avoided as preferential a payment made by debtor within 90 days before debtor filed a proceeding under chapter 11. Plaintiff was the trustee of the debtor's estate.

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Court :

Judge or Jurisdiction information not available

opinion summary, case decided on January 10, 2006 , LexisNexis #0106-122

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