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§ 547(b)

Conti v. Coastal Warranty, LLC (In re NC & VA Warranty Co.)

Ruling
Prepetition transfers to re-insurer were avoidable as preferential. (Bankr. M.D.N.C.)
Issue(s)
Should debtor’s prepetition transfers to re-insurer be avoided as preferential?

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Commercial opinion summary, case decided on August 18, 2016 , LexisNexis #0916-056

Rentas v. Olavarria (In re Editorial Flash, Inc.)

Ruling
Trustee’s proceeding for avoidance of transfer outside 90-day reachback period dismissed dueto failure to establish that the transfer was to an insider. (Bankr. D.P.R.)
Issue(s)
Preferences; Avoidable Transfers; Timing.

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:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on June 29, 2016 , LexisNexis #1116-124

Jipping v. First Natl Bank Alaska (In re Omni Enters.)

Ruling
Lender’s bank account sweep was supported by its lien rights and was not avoidable.
Issue(s)
Could lender’s sweep of debtor’s bank accounts be avoided?

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Consumer opinion summary, case decided on May 31, 2016 , LexisNexis #0716-019

Weinman v. Alternative Revenue Sys. (In re Stevens)

Ruling
Wage garnishments were avoidable preferential transfers.
Issue(s)
Were wage garnishments avoidable preferential transfers?

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Consumer opinion summary, case decided on May 23, 2016 , LexisNexis #0616-055

Kartzman v. Peachtree Special Risk Brokers (In re John A. Rocco Co.)

Ruling
Commissions received by a wholesale insurance broker were avoidable preferences.
Issue(s)
Whether transferee was the initial transferee from whom the preference payment can be recovered or if the "mere conduit" defense precludes liability?

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Commercial opinion summary, case decided on May 18, 2016 , LexisNexis #0616-056

Slobodian v. United States IRS (In re Net Pay Solutions Inc.)

Ruling
Payments to IRS by debtor payroll servicer of taxes withheld from wages of clients' employees were not avoidable preferential transfers.
Issue(s)
Were payments to the IRS of taxes withheld from wages of debtor payroll servicer's clients avoidable preferential transfers?

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on May 10, 2016 , LexisNexis #0616-021

Guzik v. Ford Motor Credit Co. LLC (In re Guzik)

Ruling
Garnishment lien that attached within 90 days of petition date was avoidable as preferential.
Issue(s)
Were funds garnished within 90 days of petition date subject to turnover as an avoidable preferential transfer?

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Consumer opinion summary, case decided on March 21, 2016 , LexisNexis #0416-059

Kashkashian v. Lerner (In re Kashkashian)

Ruling
Debtor could not avoid prepetition court-ordered transfers of four properties.
Issue(s)
Should adversary proceeding filed by debtor to avoid court ordered transfers of four properties be dismissed?

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Consumer opinion summary, case decided on February 19, 2016 , LexisNexis #0316-061

Garner v. Knoll Inc. (In re Tusa-Expo Holdings Inc.)

Ruling
Avoidance properly denied where creditor made transfer from proceeds of own collateral.
Issue(s)
Did the bankruptcy court err in holding that transfers from proceeds of accounts receivable in which creditor held a security interest were not preferential?

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on January 28, 2016 , LexisNexis #0216-125

Dymarkowski v. Savage (In re Hadley)

Ruling
Prepetition transfer of motor vehicles to debtor's attorney as payment of fees was avoidable.
Issue(s)
Were prepetition transfers of motor vehicle titles as payment of attorneys' fees avoidable?

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Consumer opinion summary, case decided on November 23, 2015 , LexisNexis #1215-056