- 11 U.S.C.
Edgewood Food Mart, In re--Lester v. Edgewood Food Mart, Inc.
Sep
25
2024
Ruling
Creditor sanctioned for filing a frivolous complaint against debtor as it knew or should have known that it lacked standing to bring the proceeding. (Bankr. N.D. Ga.)
Issue(s)
Preferences.
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Center City Healthcare, LLC v. Medline Indus. (Ctr. City Healthcare, LLC)
Aug
27
2024
Ruling
Transferee was granted summary judgment on preferential transfer claims where a portion of the alleged preferential transfers was made according to ordinary business terms in the industry. (Bankr. D. Del.)
Issue(s)
Preferences; Exceptions to Avoidance.
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Amerifirst Fin., Inc., In re
Aug
14
2024
Ruling
Creditors failed to assert a colorable claim for fraud and fraudulent inducement as they failedto justify reliance on unspecified promises. (Bankr. D. Del.)
Issue(s)
Preferences; Avoidable Transfers.
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- 11 U.S.C.
Shafer, In re--Sweet v. Frankenmuth Credit Union
Aug
09
2024
Ruling
Lien held by credit union should be set aside as a preferential transfer since it improved thecredit union’s position vis a vis unsecured creditors. (Bankr. E.D. Mich.)
Issue(s)
Preferences.
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Lilis Energy, Inc., In re--Baumgartner v. ICT Energy Sols., LLC
Jul
19
2024
Ruling
Summary judgment was denied on the issue of whether the transfer was a preference as therewas a genuine issue of material fact as to the inchoate lien defense. (Bankr. S.D. Tex.)
Issue(s)
Preferences; Avoidable Transfers.
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- 11 U.S.C.
Port Neches Fuels, LLC, In re--Gentle v. Direct Energy, LP
Jul
18
2024
Ruling
Energy company's motion to dismiss trustee's action seeking to avoid and recover transactionsas preferential transfers denied as demonstrating the availability of the defenses required theconsideration of material outside of the complaint. (Bankr. D. Del.)
Issue(s)
Preferences.
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Court
:
District of Delaware ( ) [ Bankruptcy Court ]
- 11 U.S.C.
Bounty Co.
Jul
16
2024
Ruling
Debtors' claim for avoidance of a preferential transfer was denied as the actual transferoccurred when the defendant later applied the funds for amounts that were then due. (Bankr.D. Del.)
Issue(s)
Preferences.
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Williams, In re--Williams v. Baptist Health
May
30
2024
Ruling
Prepetition lien securing attorneys’ fee award was an avoidable preferential transfer. (Bankr.E.D. Ark.)
Issue(s)
Preferences; Avoidable Transfers.
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- 11 U.S.C.
Red Rose, Inc., In re--ACF Finco I, LP v. Taylor Metal, Inc.
May
15
2024
Ruling
Summary judgment on preferential transfer avoidance denied due to factual disputes overcontemporaneous exchange, ordinary course, and subsequent new value defenses.(Bankr. D. Nev.)
Issue(s)
Preferences; Exceptions to Avoidance; Contemporaneous Exchange for New Value.
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- 11 U.S.C.
National Fish & Seafood, Inc., In re--Desmond v. Northern Ocean Liquidating Corp.
Apr
01
2024
Ruling
Changes in payment terms and timing of payment and the collection activities were inkeeping with long historical relationship between debtor and supplier and not grounds foravoidance on preference grounds. (Bankr. D. Mass.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.
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