Barney v. Robinson (In re Talermo)
Jan
08
2014
Ruling
Security interests were preferential transfers since they were not created contemporaneous with loans.
Issue(s)
Were liens granted by debtor several days after receiving loan from creditor preferential transfers or subject to the contemporaneous exchange exception to avoidance.
ABI Membership is required to access the full summary of Barney v. Robinson (In re Talermo) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Rentas v. Vaquerias Tres Monjitas Inc. (PMC Mktg. Corp.)
Dec
20
2013
Ruling
Preference period payments were avoidable as not made for new value or in ordinary course of business.
Issue(s)
Did subsequent new value or ordinary course of business defenses apply to prevent avoidance of debtor's preference period payments.
ABI Membership is required to access the full summary of Rentas v. Vaquerias Tres Monjitas Inc. (PMC Mktg. Corp.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Williams v. Mckesson Corp. (In re Quality Infusion Care Inc.)
Nov
25
2013
Ruling
Transfers to medical supplier pursuant to settlement were not made in the ordinary course of business and were avoidable.
Issue(s)
Were payments by debtor to medical supplier pursuant to settlement agreement avoidable as preferential.
ABI Membership is required to access the full summary of Williams v. Mckesson Corp. (In re Quality Infusion Care Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
UTE Mesa Lot 1 LLC v. First-Citizens Bank & Trust Co. (In re UTE Mesa Lot 1 LLC)
Nov
25
2013
Ruling
Lis pendens was not a preferential transfer.
Issue(s)
Could lis pendens constitute a preferential transfer?
ABI Membership is required to access the full summary of UTE Mesa Lot 1 LLC v. First-Citizens Bank & Trust Co. (In re UTE Mesa Lot 1 LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
Meiburger v. Hilburn (In re Ponsen)
Oct
22
2013
Ruling
Transfers to creditor, debtor's sister, of trust properties held on her behalf, but in which she had not retained in rem interest, were preferential.
Issue(s)
Were trust properties transferred to debtor's sister property of the estate or the sister for whom they were held and were the transfers preferential.
ABI Membership is required to access the full summary of Meiburger v. Hilburn (In re Ponsen) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Sarachek v. Cohen (In re Agriprocessors Inc.)
Oct
21
2013
Ruling
Transfers to non-statutory insiders avoided as preferential.
Issue(s)
Were transfers made more than 90 days prior to petition date made to insiders and avoidable as preferential.
ABI Membership is required to access the full summary of Sarachek v. Cohen (In re Agriprocessors Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Slobodian v. United States (In re Net Pay Solutions Inc.)
Oct
07
2013
Ruling
Avoidance proceeding against government dismissed where fraudulent transfer claims were unrelated to government's claim against debtor.
Issue(s)
Were payments made by debtor payroll service on behalf of clients to IRS avoidable.
ABI Membership is required to access the full summary of Slobodian v. United States (In re Net Pay Solutions Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Gladstone v. Bank of Am. (In re Vassau)
Sep
25
2013
Ruling
Payments made to bank within 90 days of petition date avoided.
Issue(s)
Were payments made to bank on account of senior debt within 90 days of petition date avoidable.
ABI Membership is required to access the full summary of Gladstone v. Bank of Am. (In re Vassau) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Central La. Grain Coop. Inc.
Aug
07
2013
Ruling
Safe harbor did not apply to statutory privilege not arising until bankruptcy or insolvency.
Issue(s)
Was statutory lien arising upon bankruptcy or insolvency protected from avoidance by the safe harbor provision of the Bankruptcy Code?
ABI Membership is required to access the full summary of In re Central La. Grain Coop. Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Pryor v. New York State Dept of Taxation & Fin. (In re Waring)
May
01
2013
Ruling
Preference period state tax payment was avoidable.
Procedural posture
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.
ABI Membership is required to access the full summary of Pryor v. New York State Dept of Taxation & Fin. (In re Waring) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: