- 11 U.S.C.
Joseph v. Feit (In re Liberty Brands LLC)
Sep
25
2014
Ruling
Postpetition transfer was not avoidable as validly authorized by court approval of settlement.
Issue(s)
Could a postpetition payment made by debtor as part of settlement of a claim be avoided?
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Court
:
- 11 U.S.C.
In re Ormet Corp.
Jul
17
2014
Ruling
Sale of assets free and clear approved over objection of pension trust holding successor liability claim.
Issue(s)
Should trustee be allowed to sell smelter and other assets of debtor free and clear over objection of trust which held a successor liability claim against the assets?
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Court
:
- 11 U.S.C.
Burtch v. Texstars Inc. (In re Ae Liquidation)
Oct
02
2013
Ruling
Single change in payment did not prevent application of ordinary course of business defense to preference proceeding.
Issue(s)
Whether transfers fell within the 11 U.S.C.S. § 547(c)(2)(A) ordinary course of business defense.
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Court
:
- 11 U.S.C.
Burtch v. Opus LLC (In re Opus East LLC)
Aug
06
2013
Ruling
Amendments to complaint in avoidance proceeding allowed due to equitable tolling of statute of limitations.
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Court
:
- 11 U.S.C.
Bernstein v. Evergreen Line (In re Berkline)
Aug
06
2013
Ruling
Post-statute of limitations amended complaint in avoidance proceeding related back to original filing.
Issue(s)
Whether a putative transferee was entitled to an order dismissing a plan administrator's complaint alleging that he was entitled under 11 U.S.C.S. § 547 to avoid transfers corporate debtors made to the transferee less than ninety days before the debtors declared chapter 11 bankruptcy.
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Court
:
- 11 U.S.C.
Burtch v. Prudential Real Estate & Relocation Servs. (In re AE Liquidation Inc.)
Jul
17
2013
Ruling
Payments pursuant to quicker than usual payment schedule were not made in ordinary course of business and were avoidable.
Procedural posture
Chapter 7 trustee filed a complaint against creditor to avoid and recover preferential transfers under 11 U.S.C.S. § 547(b). The creditor argued that the trustee failed, as a matter of law, to establish a prima facie case. In the alternative, the creditor asserted two defenses under § 547(c)
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Court
:
- 11 U.S.C.
Giuliano v. RPG Mgmt. (In re NWL Holdings Inc.)
Jun
04
2013
Ruling
Transfers made to ensure continuation of insurance coverage were contemporaneous exchanges for new value and not avoidable.
Procedural posture
Chapter 7 trustee filed a complaint against defendant creditor seeking to avoid and recover certain payments as preferential and fraudulent transfers under 11 U.S.C.S. § 547. The creditor filed a motion for summary judgment. The trustee contested the motion. The court issued its findings of fact and conclusions of law.
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Court
:
- 11 U.S.C.
AP Servs. LLC v. Bellco Drug Corp. (In re CRC Parent Corp.)
Mar
01
2013
Ruling
Fraudulent transfer and unauthorized postpetition transfer counts of avoidance proceeding dismissed due to failure to plead debtor's insolvency or facts showing payment cleared postpetition.
Procedural posture
A trustee of the debtors' litigation trust filed a complaint against creditor alleging that the creditor received preferential transfers or that the transfers were fraudulent conveyances or unauthorized post-petition transfers under 11 U.S.C.S. §§ 548 or 549. The trustee sought to recover the transfers and to disallow the creditor's claims. The creditor moved to dismiss the complaint for failure to state a claim for relief.
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Court
:
- 11 U.S.C.
In re THQ Inc.
Jan
24
2013
Ruling
Sale of assets free and clear approved.
Procedural posture
Debtors, a corporation and affiliated businesses, declared chapter 11 bankruptcy, and the court ordered joint administration of the debtors' bankruptcy cases. The debtors filed a motion for an order authorizing the sale of certain assets free and clear of all liens and claims, approving an asset purchase agreement ("APA") they entered with a buyer, and for related relief. The court held a hearing on the debtors' motion.
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Court
:
In re THQ Inc.
Jan
24
2013
Ruling
Asset purchase agreement with bidder with one of highest and best offers approved.
Procedural posture
Debtors and debtors in possession asked the court to approve a proposed Asset Purchase Agreement (APA) by which they proposed to sell substantially all of their assets free and clear of liens, claims, encumbrances and other interests, to a buyer and also asked the court to find that the buyer was purchasing them in good faith within the meaning of 11 U.S.C.S. § 363(m).
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Court
: