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§ 547(b)

Redmond v. MHC Fin. Servs. (In re Barker)

Jan
09
2006
Ruling
Avoidance safe harbor not available where creditor could not establish perfection within 20 days of debtor receiving possession of collateral.
Procedural posture

Defendants, chapter 7 debtor and creditor, filed motions for summary judgment in trustee's action, which sought to avoid a transfer of an interest in property pursuant to 11 U.S.C. § 547(b).

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opinion summary, case decided on January 09, 2006 , LexisNexis #0207-097
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Shubert v. Lucent Techs. Inc. (In re Winstar Communs. Inc.)

Dec
21
2005
Ruling
Trustee was able to avoid transfers as preferential and was granted equitable subordination of the creditor's claim since the creditor as the debtor's lender had coerced the debtor into purchasing unneeded products.
Procedural posture

Plaintiff, a chapter 7 trustee substituted for a debtor, asserted against defendant creditor claims for, inter alia, breach of contract, preferential transfer avoidable under 11 U.S.C. § 547, equitable subordination. The creditor filed counterclaims for, inter alia, fraud and misrepresentation. Those claims were tried to the court.

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opinion summary, case decided on December 21, 2005 , LexisNexis #0306-026
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Davis v. Charlies Care Inc. (In re Cruth)

Sep
29
2005
Ruling
Trustee was able to avoid creditor's lien on debtor's car as a preferential transfer since the creditor delayed in perfecting the security interest until during the 90-day prefiling lookback period.
Procedural posture

Plaintiff trustee filed an adversary proceeding against defendant creditor, which sought to avoid a lien on a car as a preferential transfer under 11 U.S.C. § 547(b).

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opinion summary, case decided on September 29, 2005 , LexisNexis #0106-093
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In re Value Music Concepts

Aug
22
2005
Ruling
Creditor representative could pursue preference avoidance actions on debts assumed under a settlement agreement between debtors and creditors two weeks before chapter 11 filings.
Procedural posture

Plaintiff, in his capacity as the creditor representative appointed pursuant to 11 U.S.C. § 1123(b)(3) under debtors'confirmed chapter 11 plan, sued defendant creditors, seeking to recover, pursuant to 11 U.S.C. § 547(b), alleged preferential transfers for the benefit of unsecured creditors. Defendants moved for summary judgment.

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opinion summary, case decided on August 22, 2005 , LexisNexis #0206-015
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