- 11 U.S.C.
Red Rose, Inc., In re--ACF Finco I, LP v. Taylor Metal, Inc.
May
15
2024
Ruling
Summary judgment on preferential transfer avoidance denied due to factual disputes overcontemporaneous exchange, ordinary course, and subsequent new value defenses.(Bankr. D. Nev.)
Issue(s)
Preferences; Exceptions to Avoidance; Contemporaneous Exchange for New Value.
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- 11 U.S.C.
Gas-Mart United States, Inc., In re--Lauter v. Wells Fargo Bank, N.A.
Mar
07
2019
Ruling
Creditor's complaint to avoid preferential transfer was overruled in part as plaintiff established that payments it received were a contemporaneous exchange for new value. (Bankr. W.D. Mo.)
Issue(s)
Preferences; Exceptions to Avoidance; Contemporaneous Exchange for New Value.
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- 11 U.S.C.
Dearborn Bancorp, Inc., In re--Dery v. Karafa
Apr
20
2018
Ruling
Trustee allowed to avoid pre-petition transfers debtor made to defendants as defendantsfailed to show that any of their services provided "new value" to the debtor. (Bankr. E.D. Mich.)
Issue(s)
Preferences; Exceptions to Avoidance; Contemporaneous Exchange for New Value.
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- 11 U.S.C.
Power, In re--Rainsdon v. Am. First Federal Credit Union
Apr
18
2018
Ruling
Trustee could avoid transfer of security interest where court determined that the exchange was not in fact substantially contemporaneous. (Bankr. D. Idaho)
Issue(s)
Preferences; Exceptions to Avoidance; Contemporaneous Exchange for New Value.
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- 11 U.S.C.
Xurex, Inc., In re--Enslein v. IPFS Corp.
Jul
19
2017
Ruling
Payments made by a debtor under the terms of a premium financing agreement was deemed as an extemporaneous exchange for new value without need of the cancellation of the policy. (Bankr. W.D. Mo.)
Issue(s)
Preferences; Exceptions to Avoidance; Contemporaneous Exchange for New Value.
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- 11 U.S.C.
In re Rosich
Oct
14
2016
Ruling
Debtor’s payment of sale proceeds to son following his earlier release of security interest wasa contemporaneous exchange for new value and not avoidable. (Bankr. W.D. Mich.)
Issue(s)
Preferences; Exceptions to Avoidance; Contemporaneous Exchange for New Value.
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:
- 11 U.S.C.
Burtch v. Connecticut Cmty. Bank (In re J. Silver Clothing Inc.)
Apr
29
2011
Ruling
Transfer of security interest to bank was contemporaneous exchange for loan and not avoidable.
Procedural posture
Plaintiff Chapter 7 trustee filed a complaint against defendant creditors, an individual and a bank, in which he sought, inter alia, to avoid and recover fraudulent and preferential transfers under 11 U.S.C.S. §§ 548, 547, and 550 and the disallowance of all claims under 11 U.S.C.S. § 502(d). The creditors moved for summary judgment. The trustee cross-moved for partial summary judgment.
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- 11 U.S.C.
Homann v. R.I.H. Acquisitions IN LLC (In re Lewinski)
Sep
30
2008
Ruling
Payment of debt to casino with gambling chips during preference period was avoidable and not made in ordinary course of business.
Procedural posture
Chapter 7 Trustee filed an adversary proceeding against defendant creditor, a casino, seeking to avoid transfers from the debtor as preferential pursuant to 11 U.S.C.S. § 547. The casino and the debtor had paid gambling debts ("markers") with a check and gambling chips.
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- 11 U.S.C.
Angell v. Ray J. Pennington Inc. (In re Partitions Plus of Wilmington Inc.)
Mar
20
2008
Ruling
Transfer was not avoidable due to applicability of contemporaneous exchange for new value defense.
Procedural posture
Plaintiff chapter 7 Trustee filed an adversary proceeding against defendant creditor seeking to avoid a transfer from the debtor as preferential. The creditor had worked as a subcontractor for the debtor. The creditor asserted, inter alia, that the payments could not be avoided because they were a contemporaneous exchange for new value given to the debtor under 11 U.S.C.S. § 547(c)(1). Both parties filed summary judgment motions.
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- 11 U.S.C.
Askenaizer v. Seacoast Redimix Concrete LLC (In re Charwil Constr. Inc.)
Dec
21
2007
Ruling
Release of statutory lien rights was "new value" preventing avoidance of transfer from debtor contractor to subcontractor.
Procedural posture
Plaintiff chapter 7 trustee filed a complaint against defendant subcontractor to avoid certain payments under 11 U.S.C. § 547(b) that the debtor transferred to the subcontractor within the 90-day period preceding the filing of the bankruptcy petition. The subcontractor sought summary judgment.
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