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Diamond v. Gemmel Pharmacy Group Inc. (In re Inland Global Med. Group)

Apr
04
2006
Ruling
Portion of transfers were deemed preferential while portion fell under new value defense.
Procedural posture

Plaintiff chapter 7 trustee brought an adversary proceeding against defendant creditor, seeking to avoid certain alleged preferential transfers pursuant to 11 U.S.C. § 547(b). The creditor asserted affirmative defenses to the preference claim under 11 U.S.C. § 547(c)(2) and (4). The bankruptcy court conducted a trial.

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opinion summary, case decided on April 04, 2006 , LexisNexis #0806-059
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In re Mingueta

Feb
13
2006
Ruling
Debtor's chapter 13 case was dismissed since the debtor neither obtained prepetition credit counseling nor established grounds for a temporary or permanent waiver of the requirement.
Procedural posture

Debtor filed a chapter 13 case and requested a waiver of the requirement to obtain pre-bankruptcy budget and credit counseling due to exigent circumstances. The bankruptcy court directed the debtor to show cause why the case should not be dismissed due, in pertinent part, to his failure to file either a certificate of credit counseling or a certificate of exigent circumstances in compliance with 11 U.S.C. § 109(h).

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opinion summary, case decided on February 13, 2006 , LexisNexis #0306-037
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Concannon v. Imperial Capital Bank (In re Concannon)

Feb
07
2006
Ruling
Appellate panel affirmed ruling that the debtor could not use section 506(d) to remove a creditor's judgment lien and that the lien would pass through the bankruptcy case.
Procedural posture

Appellee creditor sought relief from an automatic stay to foreclose its judgment lien, and appellant debtors defended the motion in their chapter 7 case by seeking a valuation of their rental property encumbered by the lien and avoidance of the creditor's lien pursuant to former 11 U.S.C. § 506(a) and (d). The Bankruptcy Court for the District of Arizona granted the creditor's motion and lifted the stay. Debtors appealed.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on February 07, 2006 , LexisNexis #0306-048
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