Diamond Insulation, Inc., In re--Official Unsecured Creditor's Comm. v. Heilman
Sep
01
2017
Ruling
Transfer from the debtor to the defendant was avoidable as it was not incurred by the debtorin the ordinary course of business. (Bankr. N.D. Iowa)
Issue(s)
Preferences; Avoidable Transfers.
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Court
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Hackler, In re--Hackler v. Arianna Holdings Co., LLC
Aug
28
2017
Ruling
Tax sale foreclosure transfer could be avoided by debtors as it was deemed as preferentialtransfer. (Bankr. D.N.J.)
Issue(s)
Preferences; Avoidable Transfers.
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Court
:
Price, In re--Kane v. Coulson
Aug
17
2017
Ruling
Payment on a pre-existing judgment against debtors deemed as an avoidable preference.(Bankr. D. Haw.)
Issue(s)
Preferences; Avoidable Transfers.
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Court
:
- 11 U.S.C.
Xurex, Inc., In re--Enslein v. IPFS Corp.
Jul
19
2017
Ruling
Payments made by a debtor under the terms of a premium financing agreement was deemed as an extemporaneous exchange for new value without need of the cancellation of the policy. (Bankr. W.D. Mo.)
Issue(s)
Preferences; Exceptions to Avoidance; Contemporaneous Exchange for New Value.
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Court
:
- 11 U.S.C.
Agriprocessors, Inc., In re
Jun
15
2017
Ruling
Trustee could not recover debtors' intraday-overdraft-covering deposits from bank wherecourt found that debtors' intraday overdrafts did not give rise to antecedent debt. (8th Cir.)
Issue(s)
Preferences; Avoidable Transfers; Antecedent Debt.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Alpha Protective Servs., In re--Gordon v. Sec. Essentials, Inc.
Apr
24
2017
Ruling
Trustee was entitled to partial summary judgment as no genuine dispute of material fact existed as to payments made in the ordinary course of business being avoidable as preferential payments made on or within the 90 days prior to the petition date. (Bankr. M.D. Ga.)
Issue(s)
Preferences.
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Court
:
- 11 U.S.C.
Garcia, In re--Garcia v. P2 Props.
Apr
14
2017
Ruling
Garnishment lien and the paid wages are subject to avoidance as record does not make clearwhen the wages were earned by debtor and paid to the garnishing creditor. (Bankr. D.N.M.)
Issue(s)
Preferences; Perfection and Effectiveness; Acquisition of Rights by Debtor.
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Applegate Johnston, Inc., In re
Mar
07
2017
Ruling
Transfers of funds by debtor was avoidable as no preliminary stop notice was given by defendant. (Bankr. E.D. Cal.)
Issue(s)
Preferences; Avoidable Transfers.
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Court
:
- 11 U.S.C.
Tenderloin Health, FKA, In re--Schoenmann v. Bank of the West
Mar
07
2017
Ruling
Courts may account for hypothetical preference actions within a hypothetical chapter 7 liquidation if factually warranted, supported by appropriate evidence, and if the action would not contravene an independent statutory provision. (9th Cir.)
Issue(s)
Preferences; Avoidable Transfers; Receipt by Creditor.
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Judge or Jurisdiction information not available
Maloney v. N.C. Dep't of Revenue
Mar
02
2017
Ruling
Motion to dismiss allowed where complaint fails to meet the Iqbal/Twombley standard forstating a claim for relief. (Bankr. E.D.N.C.)
Issue(s)
Preferences; Avoidable Transfers.
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Court
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