- 11 U.S.C.
Diaz, In re--Rivera-Fulton v. Jefferson Fin. Federal Credit Union
Feb
13
2019
Ruling
Trustee was entitled to recover attorney's fees from the credit union where credit union citedno authority requiring the trustee to seek recovery from the attorney. (Bankr. E.D. La.)
Issue(s)
Preferences.
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- 11 U.S.C.
Clayton, In re--GGG Partners, LLC v. Atlas Health Care Linen Servs, Co., LLC
Dec
21
2018
Ruling
Summary judgment in preference proceeding was denied where satisfaction of the ordinary course of business test was a question of material fact. (Bankr. N.D. Ga.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business; Made According to Ordinary Business Terms.
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Giroux, In re
Dec
17
2018
Ruling
Claim disallowed as the creditors were transferees of an avoidable preferential transfer.(Bankr. D. Alaska)
Issue(s)
Preferences; Avoidable Transfers.
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:
- 11 U.S.C.
Brownlee, In re--Kelley v. First Cmty. Bank
Dec
03
2018
Ruling
Transfer of a judicial lien on real property was avoidable as acquisition occurred within the look-back period. (Bankr. M.D. Ga.)
Issue(s)
Preferences; Avoidable Transfers; Timing.
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- 11 U.S.C.
Blue Global, LLC, In re--Yoo v. Zeta Interactive
Sep
12
2018
Ruling
Payments made by debtor were exempt from avoidance as the trustee failed to establish that the payments were not made in the ordinary course of business or according to ordinary business terms within the affiliate marketing industry. (Bankr. C.D. Cal.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.
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- 11 U.S.C.
Boston Grand Prix, LLC, In re--Cruickshank v. George R. Roberts Co.
Aug
21
2018
Ruling
Trustee was not allowed to avoid a payment the debtor made to the manufacturer as themanufacturer provided new value when it delivered custom-made race blocks after thepayment. (Bankr. D. Mass.)
Issue(s)
Preferences; Exceptions to Avoidance; Subsequent New Value.
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- 11 U.S.C.
Boston Grand Prix, LLC, In re--Cruickshank v. George R. Roberts Co.
Aug
21
2018
Ruling
Trustee was not allowed to avoid a payment the debtor made to the manufacturer as themanufacturer provided new value when it delivered custom-made race blocks after thepayment. (Bankr. D. Mass.)
Issue(s)
Preferences; Exceptions to Avoidance; Subsequent New Value.
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- 11 U.S.C.
Wedgewood Props., LLC, In re--Moyer v. Rogers
Aug
14
2018
Ruling
Person in charge of bank’s branch office was served with the writ of garnishment ninety-threedays prior to the petition date, outside of the preference period. (Bankr. W.D. Mich.)
Issue(s)
Preferences; Avoidable Transfers; Timing.
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- 11 U.S.C.
Turner Grain Merch., Inc., In re--Rice v. M-Real Estate LLC
Apr
23
2018
Ruling
Check the debtor wrote to a company that delivered wheat to the debtor was a preferential transfer that could be avoided as payment occurred less than 90 days before the debtor declared bankruptcy. (Bankr. E.D. Ark.)
Issue(s)
Preferences.
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- 11 U.S.C.
Dearborn Bancorp, Inc., In re--Dery v. Karafa
Apr
20
2018
Ruling
Trustee allowed to avoid pre-petition transfers debtor made to defendants as defendantsfailed to show that any of their services provided "new value" to the debtor. (Bankr. E.D. Mich.)
Issue(s)
Preferences; Exceptions to Avoidance; Contemporaneous Exchange for New Value.
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