§ 547(b)

US Bank Natl Assn v. Petro Commer. Servs. (In re Interstate Bakeries Corp.)

The trustee of the creditor's trust moved for partial summary judgment in its adversary action to avoid and recover $412,240.00 in allegedly preferential transfers, under 11 U.S.C.S. § 547(b), made by the debtor to defendant transferee in the 90 days before the debtor's bankruptcy petition date.
Ruling: 
Payments made within preference period enabling transferee to receive more than in a chapter 7 case could be avoided.
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Commercial case opionion summary, case decided on December 19,2012, LexisNexis #0113-035

Rajala v. US Bank (In re Christenson)

Chapter 7 trustee and defendant bank both sought summary judgment in the trustee's adversary proceeding to avoid the return of a cash advance to the bank under 11 U.S.C.S. § 547(b).
Ruling: 
Return of credit card cash advance was not avoidable.
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Consumer case opionion summary, case decided on December 18,2012, LexisNexis #0113-021

Allred v. I-90 Fuel Servs. (In re Kirschman)

Chapter 7 trustee filed an adversary complaint under 11 U.S.C.S. § 547 to avoid as preferential transfers, payments made by the debtor, who was an assistant manager at a truck stop owned and operated by defendant transferee. Debtor had bounced three checks for a total of $4,000 to the transferee, and had subsequently made credit card payments to Telecheck to cover that amount.
Ruling: 
Payment by truck stop manager to owner within one year of petition date was not made to an insider and was not avoidable.
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Consumer case opionion summary, case decided on November 15,2012, LexisNexis #1212-054

OCheskey v. Houston for Texans Charitable Trust (In re American Hous. Found.)

Trustee filed an adversary proceeding against defendants, a charitable trust, co-trustees of a trust, and a partnership, seeking a determination that transfers a nonprofit entity ("debtor") made before it declared chapter 11 bankruptcy were preferential transfers that could be recovered under 11 U.S.C.S. § 547. The court issued supplemental findings of fact and conclusions of law to an opinion it entered on September 30, 2012.
Ruling: 
Transfers by debtor Ponzi scheme operator to individual and trust prior to petition date while debtor was insolvent were preferential.
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Commercial case opionion summary, case decided on November 07,2012, LexisNexis #1112-126

Burtch v. Masiz (In re Vaso Active Pharms. Inc.)

Debtor's chapter 11 avoidance action trustee, brought an adversary complaint against defendant-transferees, an officer of the debtor and a former-officer turned consultant, alleging the two received fraudulent or avoidable transfers, in violation of 11 U.S.C.S. §§ 547(b), 548(a)(1), 550, and Del. Code Ann. tit. 6, §§ 1304 and 1305. The trustee moved for partial summary judgment on the claims.
Ruling: 
Transfers made in weeks prior to petition date while debtor was insolvent were avoidable.
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Commercial case opionion summary, case decided on October 09,2012, LexisNexis #1112-022

Dubois v. IMBR Crane (In re Scott Fabricating Inc.)

Chapter 7 Trustee brought an adversary proceeding pursuant to 11 U.S.C.S. § 547(b), seeking to recover for the benefit of the estate an alleged preferential transfer received by a sub- subcontractor (hereafter, "defendant"). The matter was before the court for judgment.
Ruling: 
Payment by debtor's general contractor to provider of crane was not a preferential transfer.
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Commercial case opionion summary, case decided on September 28,2012, LexisNexis #1112-094

Neilson v. Agnew (In re Harris Agency LLC)

Plaintiff chapter 11 trustee filed an amended complaint against defendants seeking, inter alia, to avoid preferential transfers, to avoid and recover allegedly fraudulent transfers, seeking enforcement of a court order, seeking to recover postpetition transfers, seeking turnover, and stating claims for breach of fiduciary duty and aiding and abetting breach of fiduciary duty. Defendants moved to dismiss pursuant to Fed. R. Civ. P. 12(b)(6).
Ruling: 
Avoidance proceeding dismissed to the extent trustee made inadequate allegations.
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Commercial case opionion summary, case decided on August 29,2012, LexisNexis #1212-090

Redmond v. Progressive Corp. (In re Brooke Corp.)

Plaintiff bankruptcy trustee sued defendant, seeking to avoid certain payments from the debtors to defendant as fraudulent transfers under 11 U.S.C.S. § 548 and Kansas law and as preferences under 11 U.S.C.S. § 547. Defendant moved to dismiss.
Ruling: 
Dismissal of avoidance proceeding denied where transferee did not establish that payment could be traced to trust funds.
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Commercial case opionion summary, case decided on June 12,2012, LexisNexis #0712-027

Sparkman v. American Residential Servs. LLC (In re Anderson Homes Inc.)

Defendant filed a motion for summary judgment in plaintiff chapter 7 trustee's action, which sought to recover pursuant to 11 U.S.C.S. § 547 a preferential transfer made by the debtor to defendant. The trustee filed a cross-motion for partial summary judgment.
Ruling: 
Payments to contractor during preference period could be avoided regardless of hypothetical lien rights had payment not been made.
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Commercial case opionion summary, case decided on May 25,2012, LexisNexis #0612-095

Appalachian Oil Co. v. Kentucky Lottery Corp. (In re Appalachian Oil Co.)

Plaintiff oil company ("debtor") declared chapter 11 bankruptcy and operated its business as a debtor in possession. The debtor filed an adversary proceeding against defendant Kentucky Lottery Corporation ("KLC"), seeking a determination that it was entitled to recover payments it made to the KLC under 11 U.S.C. §§ 547(b) and 550(a). The parties filed cross-motions for summary judgment.
Ruling: 
Payments made to lottery agency from sales proceeds held in trust for the agency were not avoidable.
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Commercial case opionion summary, case decided on March 23,2012, LexisNexis #0512-088

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