Braunstein v. Gateway Mgmt. Servs. (In re Coldwave Sys. LLC)
May
15
2007
Ruling
Security interest in patent perfected withing 90 days of petition date was avoidable.
Procedural posture
Plaintiff chapter 7 trustee initiated an adversary proceeding against defendant creditor to avoid, pursuant to 11 U.S.C. § 547(b), a security interest that the creditor claimed in a certain patent.
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Court
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Richardson v. Principal Financial Group (In re Bayless)
Apr
12
2007
Ruling
Repayment of excess disability payments was avoidable as preferential.
Procedural posture
Plaintiff trustee filed an adversary proceeding to avoid as a preferential transfer under 11 U.S.C. § 547(b) a repayment of disability benefits by defendant debtors to defendant insurer within the 90-day period before the bankruptcy filing.
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Court
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In re ABC-Naco Inc.
Apr
09
2007
Ruling
District court properly held payments to creditor were avoidable as continued use of software and licenses did not constitute new value.
Procedural posture
Pursuant to 11 U.S.C. § 547(b), appellee, an official committee of unsecured creditors, filed an adversary proceeding seeking to set aside, as preferential transfers, four payments made by a debtor to appellant creditor. A bankruptcy court found that the payments were not preferential transfers. The creditor appealed after the District Court for the Northern District of Illinois reversed that decision.
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Speth v. Associates in Womens Health P.A. (In re Stevens)
Apr
05
2007
Ruling
Payments by debtor to professional association of which it was an officer, employee and shareholder were made to an insider and avoidable.
Procedural posture
Plaintiff chapter 7 trustee filed an action against defendant, a professional association ("PA"), alleging that the PA was an insider of one of the debtors and that the PA had received preferential transfers from the debtor. The PA sought summary judgment.
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Court
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Flatau v. Walman Optical Co. (In re Werner)
Mar
22
2007
Ruling
Credit card payments to creditor during 90 days prior to petition date while debtor was insolvent were preferential.
Procedural posture
Plaintiff trustee filed a Fed. R. Civ. P. 56 and Fed. R. Bankr. P. 7056 motion for summary judgment on a complaint, pursuant to 11 U.S.C. § 547(b), to recover a preferential transfer made by the debtors to defendant creditor.
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Court
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Morris v. Prairie State Bank (In re Lucas)
Mar
09
2007
Ruling
Security interest in motor vehicle avoided and preserved for benefit of estate.
Procedural posture
Before the court was plaintiff chapter 7 trustee's complaint (1) to avoid and preserve preferential transfer; and (2) to determine rights. Defendants were debtor and a bank. The trustee sought to avoid the transfer of a security interest in debtor's vehicle pursuant to 11 U.S.C. § 547(b), i.e., to avoid perfection of an auto lien as a preferential transfer, and to preserve the lien for the benefit of the estate pursuant to 11 U.S.C. § 551.
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Court
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Maxwell v. Copy Corps. Of Ill. LLC (In re marchFIRST Inc.)
Feb
21
2007
Ruling
Transfers to creditor within 90 days of petition date were preferential given debtor's failure to prove ordinary course of business defense.
Procedural posture
Plaintiff trustee filed a motion for summary judgment on his complaint that a chapter 7 debtor made preferential transfers to defendant creditor under 11 U.S.C. § 547(b).
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Court
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Locke v. Scoggins (In re Perpinan)
Feb
14
2007
Ruling
Payment of sale of debtor's residence to debtor's mother was an avoidable payment to an insider.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendant, the debtor's mother, to avoid alleged transfers from the debtor made to his mother or on his mother's behalf a little more than 90 days prior to the bankruptcy.
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Court
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Claybrook v. Consolidated Foods Inc. (In re Bake-Line Group LLC)
Feb
05
2007
Ruling
Transfer of funds from check erroneously deposited by debtor to proper unrelated entity was not preferential.
Procedural posture
Plaintiff, the chapter 7 trustee, brought an action alleging a preferential prepetition transfer under 11 U.S.C. § 547(b) had been made by debtor to defendant, a party unrelated to the bankruptcy proceedings, in the amount of $139,208.24. The parties filed cross-motions for summary judgment.
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Court
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Peltz v. Edward Vancil Inc. (In re Bridge Info. Sys.)
Jan
10
2007
Ruling
Lease settlement was consideration fo debtor lessee to exercise future options and was not a preference.
Procedural posture
Chapter 11 plan administrator for the debtor appealed from a decision of the Bankruptcy Appellate Panel that reversed a bankruptcy court order granting summary judgment to the administrator in an adversary proceeding to avoid a payment as a preferential transfer under 11 U.S.C. § 547(b), against a lessee of office space in debtor's building.
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