Ellis v. IPC (USA), Inc. (In re Pettit Oil Co.)
Nov
03
2016
Ruling
Transferee not entitled to recoupment where it lacked defense to trustee’s avoidance claim.(Bankr. W.D. Wash.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and Powers.
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Court
:
- 11 U.S.C.
Ellis v. IPC (USA) Inc. (In re Pettit Oil Co.)
May
19
2016
Ruling
Trustee had status of senior secured party in debtor's stored fuel, ahead of claim of consignor.
Issue(s)
Did the trustee, as a hypothetical judgment lien creditor, have a senior interest to creditor consignor in the fuel that was in the debtor's tanks as of the petition date?
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Court
:
- 11 U.S.C.
In re Pettit Oil Co.
Oct
22
2015
Ruling
Trustee's motion to vacate order for payments to critical vendors denied.
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Court
:
- 11 U.S.C.
In re Schmalenberg
Sep
17
2015
Ruling
Debtors' postconfirmation claims for setoff were barred by res judicata.
Issue(s)
Could debtors claim a setoff on creditor's claim after plan confirmation?
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Court
:
- 11 U.S.C.
Ellis v. Mirghanbari (In re Pittman)
Sep
04
2015
Ruling
Prepetition transfer from debtors to mother who previously transferred same amount to debtors' bank account was avoidable whether it was a loan or a gift.
Issue(s)
Was transfer of $40,000 to debtor's mother, where the mother had previously transferred the same amount to debtor, an avoidable transfer?
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Court
:
- 11 U.S.C.
In re Um
Feb
27
2015
Ruling
Creditor's claim entitled to partial administrative expense status due to creditor's efforts in supporting transfer of management of debtor's LLC to a chapter 11 trustee.
Issue(s)
Was creditor that assisted in the transfer of the management of debtor's LLC to a chapter 11 trustee entitled to an administrative expense claim for attorneys' fees and state court sanctions awarded in its favor against the debtor?
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Court
:
- 11 U.S.C.
Ellis v. IPC (USA), Inc. (In re Pettit Oil Co.)
Dec
19
2013
Ruling
Transfers that did not involve estate property were not avoidable. (Bankr. W.D. Wash.)
Issue(s)
Whether consigned goods delivered to a debtor postpetition become property of the debtor's estate.
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Court
:
- 11 U.S.C.
Sherron Assocs. Loan Fund XXI (Lacey) LLC v. Thomas (In re Parks)
Dec
18
2013
Ruling
LLC was a "corporation" that could be an "affiliate" or "insider" of debtor.
Issue(s)
Is an LLC a "corporation" under the bankruptcy code definitions of "affiliate" and "insider."
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Court
:
- 11 U.S.C.
Waldron v. Huber (In re Huber)
Nov
25
2013
Ruling
Debtor's ownership interest in entity that was controlling member of LLC was property of the estate.
Issue(s)
Whether a chapter 7 trustee who succeeded to the membership rights of an entity that was owned 100 percent by the debtor, also succeeded to the non-economic membership rights of a subsidiary multi- member L.L.C., when the other L.L.C. member did not consent to the trustee's management interest?
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Court
:
- 11 U.S.C.
Waldron v. Huber (In re Huber)
May
17
2013
Ruling
Transfers to trust with multiple badges of fraud were avoidable.
Procedural posture
Bankruptcy trustee brought an adversary proceeding against bankruptcy debtor seeking a determination that transfers of the debtor's assets into a trust settled by the debtor were avoidable as fraudulent transfers under 11 U.S.C.S. § 548(e)(1) and state law. The trustee moved for summary judgment.
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Court
: