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§ 547(b)

Hackler, In re--Hackler v. Arianna Holdings Co., LLC

Ruling
Tax sale foreclosure transfer could be avoided by debtors as it was deemed as preferentialtransfer. (Bankr. D.N.J.)
Issue(s)
Preferences; Avoidable Transfers.

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Consumer opinion summary, case decided on August 28, 2017 , LexisNexis #1017-019

Price, In re--Kane v. Coulson

Ruling
Payment on a pre-existing judgment against debtors deemed as an avoidable preference.(Bankr. D. Haw.)
Issue(s)
Preferences; Avoidable Transfers.

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Consumer opinion summary, case decided on August 17, 2017 , LexisNexis #0917-077

Agriprocessors, Inc., In re

Ruling
Trustee could not recover debtors' intraday-overdraft-covering deposits from bank wherecourt found that debtors' intraday overdrafts did not give rise to antecedent debt. (8th Cir.)
Issue(s)
Preferences; Avoidable Transfers; Antecedent Debt.

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:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on June 15, 2017 , LexisNexis #0717-075

Tenderloin Health, FKA, In re--Schoenmann v. Bank of the West

Ruling
Courts may account for hypothetical preference actions within a hypothetical chapter 7 liquidation if factually warranted, supported by appropriate evidence, and if the action would not contravene an independent statutory provision. (9th Cir.)
Issue(s)
Preferences; Avoidable Transfers; Receipt by Creditor.

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:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on March 07, 2017 , LexisNexis #0417-050

Applegate Johnston, Inc., In re

Ruling
Transfers of funds by debtor was avoidable as no preliminary stop notice was given by defendant. (Bankr. E.D. Cal.)
Issue(s)
Preferences; Avoidable Transfers.

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Commercial opinion summary, case decided on March 07, 2017 , LexisNexis #0417-049

Maloney v. N.C. Dep't of Revenue

Ruling
Motion to dismiss allowed where complaint fails to meet the Iqbal/Twombley standard forstating a claim for relief. (Bankr. E.D.N.C.)
Issue(s)
Preferences; Avoidable Transfers.

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Consumer opinion summary, case decided on March 02, 2017 , LexisNexis #0417-015

Pantazelos v. Benjamin (In re Pantazelos)

Ruling
Debtor could avoid and recover payment made to former attorneys as the payment was madewhile debtor was insolvent. (Bankr. N.D. Ill.)
Issue(s)
Preferences; Avoidable Transfers.

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Consumer opinion summary, case decided on December 27, 2016 , LexisNexis #0217-009

Dymarkowski v. Savage (In re Hadley)

Ruling
Trustee could avoid preferential transfers as debtor's attorney did not have a retaining lien.(B.A.P. 6th Cir.)
Issue(s)
Preferences; Avoidable Transfers.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on December 21, 2016 , LexisNexis #0117-112

Seaver v. Glasser (In re Top Hat 430, Inc.)

Ruling
Transfer to non-insider outside the look back period could not be avoided. (Bankr. D. Minn.)
Issue(s)
Was transferee employee of debtor and former spouse aof debtor’s principal an insider so as to allow avoidance of transfer outside the look back period?

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Commercial opinion summary, case decided on September 27, 2016 , LexisNexis #1016-123

Rock Branch Mech., In re

Ruling
Trustee was entitled to summary judgment insofar as he sought to avoid the securitycompany's recordation of its security interest. (Bankr. S.D. W. Va.)
Issue(s)
Preferences; Avoidable Transfers; Timing; 90 Days Before Filing.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on September 09, 2016 , LexisNexis #0519-037