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§ 549

In re Tippett

Jan
31
2006
Ruling
Automatic stay did not apply to sales or transfers, even authorized ones, initiated by the debtor and thus the transfer and liens were not void.
Procedural posture

Debtors, without authorization, sold their home to appellant buyer. Appellee trustee filed an adversary proceeding seeking turnover, quieting of title, and avoidance of the lien's of the buyer's lenders. The Bankruptcy Court for the Eastern District of California declared title to the property vested in the trustee and entered an order denying annulment of the automatic stay. The buyer and one of its lenders appealed.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on January 31, 2006 , LexisNexis #0306-059
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Grandy v. Sanders (In re Smith)

Jan
10
2006
Ruling
Transfer of real estate was avoided since the transferee had not perfected via filing a quitclaim deed until after filing and such filing was not authorized by the court.
Procedural posture

Plaintiff, the chapter 7 trustee, brought an action against defendant transferee to avoid the transfer of certain real estate by debtor to the transferee as an unauthorized postpetition transfer pursuant to 11 U.S.C. § 549, , in the alternative, as an avoidable preference pursuant to 11 U.S.C. § 547(b). The matter was before the court for decision.

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opinion summary, case decided on January 10, 2006 , LexisNexis #0206-080
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Gottlieb v. State Compensation Ins. Fund of Cal. (In re Intl Philanthropic Hosp. Found.)

Jan
04
2006
Ruling
Trustee could not avoid a payment to a state workers'compensation insurance fun since the postpetition transfer was approved by a court order, one that the truste e had requested.
Procedural posture

Debtor operated a 155-bed hospital and was in chapter 11. The chapter 11 trustee found that the debtor-in-possession had cut a check to defendant, the state compensation insurance fund, for $172.860.92 for workers'compensation insurance. The case was converted to a chapter 7. The trustee moved for partial summary adjudication, seeking to recover the funds from defendant on the basis that it was an avoidable transfer under 11 U.S.C. § 549.

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opinion summary, case decided on January 04, 2006 , LexisNexis #0306-028
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ETS Payphones Inc. v. AT&T Universal Card (In re PSA Inc.)

Dec
28
2005
Ruling
Funds transferred by the debtor's former employee to a bank were recoverable by the debtor since the employee misappropriated the funds postpetition without authorization from the court.
Procedural posture

Plaintiff debtor filed the instant adversary proceeding against defendant bank, alleging that the payments made by a former employee of debtor to the bank were fraudulent transfers. Debtor sought to avoid and recover the transferred funds pursuant to 11 U.S.C. §§ 549 and 550. The bank moved for summary judgment under Fed. R. Civ. P. 56.

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opinion summary, case decided on December 28, 2005 , LexisNexis #0206-118
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Burns v. Shelton (In re Shelton)

Oct
20
2005
Ruling
The earmarking doctrine did not apply to a postpetition mortgage transaction, and the mortgage was invalid since a prior transfer of the underlying property was avoided.
Procedural posture

Plaintiff chapter 7 trustee sought avoidance of the transfer of property between defendants, debtor and his father, pursuant to 11 U.S.C. § 549(a). The court previously determined that the "earmarking doctrine" did not apply to the transfer. The matter was remanded from the U.S. Court of Appeals for the Sixth Circuit.

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opinion summary, case decided on October 20, 2005 , LexisNexis #0106-123
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