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Eleasser v. Cougar Crest Lodge LLC (In re Weddle)

Eleasser v. Cougar Crest Lodge LLC (In re Weddle)

Ruling
Transfers to limited liability company was not an insider of debtor were not avoidable.
Procedural posture

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant creditor, a limited liability company ("LLC") exclusively managed by a bankruptcy debtor's parent, alleging that the LLC was an insider of the debtors and thus the LLC's recordation of judgments against co-debtors constituted transfers within the preference period of 11 U.S.C. § 547(b). The trustee and the LLC cross-moved for summary judgment.

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opinion summary, case decided on October 05, 2006 , LexisNexis #1106-125