Karim, In re--Karim v. Bayview Loan Servicing, LLC
Mar
09
2018
Ruling
Citation lien asserted on a check and the subsequent transfer of the check itself were preferences and avoidable as the check was acquired within 90 days prior to debtors' filing of bankruptcy. (Bankr. N.D. Ill.)
Issue(s)
Preferences; Avoidable Transfers.
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SpecAlloy Corp., In re--Carn v. Audientis, LLC
Mar
08
2018
Ruling
Trustee allowed to set aside two cash payments as voidable preferences after having met all the necessary elements. (Bankr. M.D. Ala.)
Issue(s)
Preferences; Avoidable Transfers.
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FBI Wind Down, Inc., In re--FBI Wind Down Inc. Liquidating Trust v. Innovatice Delivery Sys.
Feb
16
2018
Ruling
Court granted liquidating trustee's motion for summary judgment in part as transfers met preference elements. (Bankr. D. Del.)
Issue(s)
Preferences; Avoidable Transfers.
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FBI Wind Down, Inc., In re--FBI Wind Down Inc. Liquidating Trust v. All Am. Poly Corp.
Feb
16
2018
Ruling
Court denied in part the motion for summary judgment as the level of control enjoyed by the parent debtor left open the possibility of overcoming the presumption that transfers at issue were property of the subsidiary debtors' estates. (Bankr. D. Del.)
Issue(s)
Preferences; Avoidable Transfers.
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Litton, In re
Jan
30
2018
Ruling
Transfers made within 90 days of debtor's bankruptcy petition date were not avoidablepreferences as the transferred funds would not have been property of the debtor's bankruptcyestate. (Bankr. N.D. Miss.)
Issue(s)
Preferences; Avoidable Transfers.
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Green Field Energy Servs., In re--Halperin v. Moreno
Jan
24
2018
Ruling
Defendants could not be granted summary judgment on a preferential claim as funds werecommingled and could not be traced. (Bankr. D. Del.)
Issue(s)
Preferences; Avoidable Transfers.
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Green Field Energy Servs., In re--Halperin v. Moreno
Jan
24
2018
Ruling
Defendants could not be granted summary judgment on a preferential claim as funds werecommingled and could not be traced. (Bankr. D. Del.)
Issue(s)
Preferences; Avoidable Transfers.
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:
Meiburger v. Reston Hosp. Ctr.
Dec
21
2017
Ruling
Trustee was entitled to avoid a transfer of funds from the debtor as the defendant failed to produce any tracing evidence to demonstrate that the funds that were paid to it were the same funds it entrusted to the debtor. (Bankr. E.D. Va.)
Issue(s)
Preferences; Avoidable Transfers.
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Johnson, In re--Wheatley v. Johnson
Dec
21
2017
Ruling
Trustee could avoid debtor's tax refund as it was made within 90 days prior to the filing of debtor's bankruptcy petition. (Bankr. W.D. Ky.)
Issue(s)
Preferences; Avoidable Transfers.
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Diamond Insulation, Inc., In re--Official Unsecured Creditor's Comm. v. Heilman
Sep
01
2017
Ruling
Transfer from the debtor to the defendant was avoidable as it was not incurred by the debtorin the ordinary course of business. (Bankr. N.D. Iowa)
Issue(s)
Preferences; Avoidable Transfers.
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