§ 547(b)

Sarachek v. Cohen (In re Agriprocessors Inc.)

Ruling: 
Transfers to non-statutory insiders avoided as preferential.
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Commercial case opionion summary, case decided on October 21,2013, LexisNexis #1113-057

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

Ruling: 
Avoidance proceeding against government dismissed where fraudulent transfer claims were unrelated to government's claim against debtor.
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Commercial case opionion summary, case decided on October 07,2013, LexisNexis #1113-017

Gladstone v. Bank of Am. (In re Vassau)

Ruling: 
Payments made to bank within 90 days of petition date avoided.
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Consumer case opionion summary, case decided on September 25,2013, LexisNexis #1113-018

In re Central La. Grain Coop. Inc.

Ruling: 
Safe harbor did not apply to statutory privilege not arising until bankruptcy or insolvency.
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Commercial case opionion summary, case decided on August 07,2013, LexisNexis #0913-090

Pryor v. New York State Dept of Taxation & Fin. (In re Waring)

Pending before the court was a complaint under which plaintiff chapter 7 trustee sought to avoid and recover a $7,067 prepetition transfer by debtors to defendant, New York State, Department of Taxation and Finance ("NYS"), in payment of debtors' 2010 New York State individual income taxes. The Trustee asserted that the payment constituted a preference under 11 U.S.C.S. § 547(b). Judgment was pending.
Ruling: 
Preference period state tax payment was avoidable.
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Consumer case opionion summary, case decided on May 01,2013, LexisNexis #0613-023

Dye v. Sachs (In re Flashcom Inc.)

Litigating trustee filed an adversary proceeding against transferees, seeking a determination that she was allowed under 11 U.S.C.S. § 547(b) to recover transfers which a California corporation made to the transferees before it declared chapter 11 bankruptcy. The trustee asked the court to enter judgment in the amount of $9 million after three transferees failed to make a payment they owed under a settlement agreement.
Ruling: 
Transferees ordered to turn over amount tendered after settlement agreement deadline but late penalty was unenforceable.
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Commercial case opionion summary, case decided on March 05,2013, LexisNexis #0313-121

Novak v. CMC Joist & Deck (In re Steel Fab Inc.)

Bankruptcy trustee brought an adversary proceeding against defendant supplier under a construction contract of which a bankruptcy debtor was a subcontractor, alleging that the debtor's payments to the supplier by checks jointly payable to the supplier and the debtor were avoidable as preferential transfers under 11 U.S.C.S. § 547(b). The supplier moved for summary judgment.
Ruling: 
Payments under construction contract jointly payable to supplier and debtor were not avoidable as debtor was a mere conduit.
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Commercial case opionion summary, case decided on February 22,2013, LexisNexis #0313-122

Shurn v. Gilbert (In re Gulf Coast Glass & Erection Co.)

The liquidating trustee for chapter 11 debtor filed a motion for summary judgment in his action against the creditor, which sought to avoid pursuant to 11 U.S.C.S. § 547 transfers of funds made to the creditor from the debtor's bank account.
Ruling: 
Allowance of claim did not bar trustee from pursuing avoidance proceeding against creditor.
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Commercial case opionion summary, case decided on January 10,2013, LexisNexis #0213-013

Swope v. Grove (In re Gamma Ctr. Inc.)

Plaintiff chapter 7 trustee filed a complaint against defendant transferee to recover as preferential transfers under 11 U.S.C.S. § 547(b) two payments that were allegedly made to, or on behalf of, defendant by the debtor in settlement of a state court complaint. The trustee moved for summary judgment.
Ruling: 
Settlement payments made jointly to creditor law firm during preference period were avoidable.
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Commercial case opionion summary, case decided on December 28,2012, LexisNexis #0113-089

Gonzales v. Sun Life Ins. Co. (In re Furrs Supermarkets Inc.)

Plaintiff chapter 7 trustee brought a core proceeding to recover preferential transfers under 11 U.S.C.S. § 547(b). The trustee and defendant insurer both filed motions for summary judgment. The trustee also brought a motion to strike an affidavit.
Ruling: 
Trustee could recover preferential transfers given failure of transferees' ERISA-based affirmative defenses.
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Commercial case opionion summary, case decided on December 20,2012, LexisNexis #0113-069

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