Skip to main content

Page Banner(Taxonomy)

judge lindsey

HLI Creditor Trust v. Metal Techs. Woodstock Corp. (In re Hayes Lemmerz Intl Inc.)

Ruling
Some transfers were deemed made in the ordinary course of business but not those that altered the payment practice between debtor and transferee.
Procedural posture

Plaintiff, a creditor trust, commenced an adversary proceeding seeking to avoid and recover, pursuant to 11 U.S.C. §§ 547, 550, certain allegedly preferential transfers made by debtors to defendant transferee during the 90-day period prior to the filing of debtors'petitions. The matter was before the court for decision following trial.

ABI Membership is required to access the full summary of HLI Creditor Trust v. Metal Techs. Woodstock Corp. (In re Hayes Lemmerz Intl Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on March 06, 2006 , LexisNexis #0506-024

HLI Creditor Trust v. Metal Techs. Inc. (In re Hayes Lemmerz Intl Inc.)

Ruling
Transfers made within credit terms did not insure that such transfers were made in the ordinary course of business, and, thus, some of the debtor's payments were deemed preferential transfers.
Procedural posture

Plaintiff, a creditor trust, commenced an adversary proceeding, seeking to avoid and recover pursuant to 11 U.S.C. §§ 547 and 550, certain allegedly preferential transfers made by debtors to defendant, the transferee. The matter was before the court for decision following trial.

ABI Membership is required to access the full summary of HLI Creditor Trust v. Metal Techs. Inc. (In re Hayes Lemmerz Intl Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on January 26, 2006 , LexisNexis #0206-079