- 11 U.S.C.
Power, In re--Rainsdon v. Am. First Federal Credit Union
Apr
18
2018
Ruling
Trustee could avoid transfer of security interest where court determined that the exchange was not in fact substantially contemporaneous. (Bankr. D. Idaho)
Issue(s)
Preferences; Exceptions to Avoidance; Contemporaneous Exchange for New Value.
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:
- 11 U.S.C.
NewPage Corp., In re--PIRINATE Consulting Grp., LLC v. ERCO Worldwide
Apr
03
2018
Ruling
Litigation trustee was entitled to avoid a debtor's pre-petition transfer to defendant where contract had expired before the effective date and could not have been assumed by the debtor. (Bankr. D. Del.)
Issue(s)
Preferences; Avoidable Transfers; Receipt by Creditor.
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:
Karim, In re--Karim v. Bayview Loan Servicing, LLC
Mar
09
2018
Ruling
Citation lien asserted on a check and the subsequent transfer of the check itself were preferences and avoidable as the check was acquired within 90 days prior to debtors' filing of bankruptcy. (Bankr. N.D. Ill.)
Issue(s)
Preferences; Avoidable Transfers.
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SpecAlloy Corp., In re--Carn v. Audientis, LLC
Mar
08
2018
Ruling
Trustee allowed to set aside two cash payments as voidable preferences after having met all the necessary elements. (Bankr. M.D. Ala.)
Issue(s)
Preferences; Avoidable Transfers.
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Court
:
- 11 U.S.C.
Blake, In re--First Fin. Bank, N.A. v. Blake
Mar
06
2018
Ruling
Court found that debtors acquired contractual rights to payment under the ARC program at the time they signed the contracts. (Bankr. S.D. Ill.)
Issue(s)
Preferences; Perfection and Effectiveness; Acquisition of Rights by Debtor.
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FBI Wind Down, Inc., In re--FBI Wind Down Inc. Liquidating Trust v. Innovatice Delivery Sys.
Feb
16
2018
Ruling
Court granted liquidating trustee's motion for summary judgment in part as transfers met preference elements. (Bankr. D. Del.)
Issue(s)
Preferences; Avoidable Transfers.
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FBI Wind Down, Inc., In re--FBI Wind Down Inc. Liquidating Trust v. All Am. Poly Corp.
Feb
16
2018
Ruling
Court denied in part the motion for summary judgment as the level of control enjoyed by the parent debtor left open the possibility of overcoming the presumption that transfers at issue were property of the subsidiary debtors' estates. (Bankr. D. Del.)
Issue(s)
Preferences; Avoidable Transfers.
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Litton, In re
Jan
30
2018
Ruling
Transfers made within 90 days of debtor's bankruptcy petition date were not avoidablepreferences as the transferred funds would not have been property of the debtor's bankruptcyestate. (Bankr. N.D. Miss.)
Issue(s)
Preferences; Avoidable Transfers.
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Green Field Energy Servs., In re--Halperin v. Moreno
Jan
24
2018
Ruling
Defendants could not be granted summary judgment on a preferential claim as funds werecommingled and could not be traced. (Bankr. D. Del.)
Issue(s)
Preferences; Avoidable Transfers.
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Green Field Energy Servs., In re--Halperin v. Moreno
Jan
24
2018
Ruling
Defendants could not be granted summary judgment on a preferential claim as funds werecommingled and could not be traced. (Bankr. D. Del.)
Issue(s)
Preferences; Avoidable Transfers.
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