Mulholland, In re--Cohen v. Trahan
Jul
06
2023
Ruling
Creditor's garnishment lien could be avoided as debtors were insolvent at the time the lienwas secured. (Bankr. M.D. Fla.)
Issue(s)
Preferences; Avoidable Transfers.
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Court
:
- 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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Court
:
- 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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Court
:
Dedrick, In re--Kelly v. McDonald
Feb
23
2023
Ruling
Plaintiff established the elements to avoid and set aside a transfer to defendant as debtor testified she paid defendant for back rent and there was a financial trail. (Bankr. D. Neb.)
Issue(s)
Preferences; Avoidable Transfers.
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Court
:
Handrix, In re
Feb
13
2023
Ruling
Chapter 7 trustee was entitled to void a senior security deed as a preference where there was no dispute that the transfer was made on account of antecedent debt. (Bankr. N.D. Ga.)
Issue(s)
Preferences; Avoidable Transfers.
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Court
:
LB Steel, LLC, In re--Official Comm. of Unsecured Creditors of LB Steel, LLC v. Steelcast Ltd.
Oct
11
2022
Ruling
Official committee of unsecured creditors could avoid the payments the debtor made todefendant in the 90 days leading up to the bankruptcy filing as the debtor was insolventduring the preference period. (Bankr. N.D. Ill.)
Issue(s)
Preferences; Avoidable Transfers.
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Court
:
Randolph Hosp., Inc., In re--Robichaux v. Moses H. Cone Mem. Hosp. Operating Corp.
Aug
05
2022
Ruling
Plaintiff failed to state a preferential transfer claim as he did not adequately plead that thedebtor was balance sheet insolvent at any point during the one-year period before the petitiondate. (Bankr. M.D.N.C.)
Issue(s)
Preferences; Avoidable Transfers.
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Court
:
Jenkins, In re--Fava v. Swick
Jul
26
2022
Ruling
Transfers that debtor made to a non-statutory insider of the debtor within 90 days and oneyear before the date of the bankruptcy filing were avoidable. (Bankr. N.D. Miss.)
Issue(s)
Preferences; Avoidable Transfers.
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Court
:
- 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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Court
:
- 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