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§ 547(f)

GYPC, Inc., In re--Harker v. Cummings

Ruling
Trustee sufficiently pled insolvency where the allegations raised the specter that debtor mighthave been insolvent both before and after a merger and that debtor merged with an apparentlywholly-owned insolvent subsidiary. (Bankr. S.D. Ohio)
Issue(s)
Preferences; Presumption of Insolvency.

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Commercial opinion summary, case decided on August 04, 2020 , LexisNexis #1020-062

AmCad Holdings, LLC, In re--Gavin Solmonese, LLC v. Shyamsundar

Ruling
Liquidating trustee allowed to recover preferential transfers as large payments and payoutsby the debtor to its members led to insolvency. (Bankr. D. Del.)
Issue(s)
Preferences; Presumption of Insolvency.

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Commercial opinion summary, case decided on November 29, 2017 , LexisNexis #0118-023

Lain v. Universal Drywall LLC (In re Erickson Ret. Cmtys. LLC)

Ruling
Trustee could avoid preference period transfers absent evidence that debtor received fair value.
Issue(s)
Whether chapter 11 liquidating trustee could avoid, pursuant to 11 U.S.C.S. § 547, $215,312 a transfer by the debtor to a creditor within 90 days of the petition date on account of an antecedent debt owed by the debtor.

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Commercial opinion summary, case decided on August 16, 2013 , LexisNexis #0913-054