- 11 U.S.C.
Scherzinger, In re--Scherzinger v. Blair Cnty. Tax Claim Bureau
Aug
18
2023
Ruling
Defendant was entitled to dismissal of plaintiff's action to avoid a pre-bankruptcy tax as thetransfer alleged to be preferential fell outside the 90 day preference period. (Bankr. W.D. Pa.)
Issue(s)
Preferences; Avoidable Transfers; Timing.
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:
- 11 U.S.C.
Somers v. Offshore Marine Contrs., Inc. (In re Magellan E & P Holdings, Inc.)
Aug
18
2023
Ruling
Trustee was entitled to avoid transfer and recover funds paid to the defendant within 90 daysbefore the petition date while debtor was insolvent. (Bankr. S.D. Tex.)
Issue(s)
Preferences.
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Judge or Jurisdiction information not available
Est. of Former W2W Entities, In re--Mitchell v. Kruckenberg
Aug
16
2023
Ruling
Elements of preference avoidance were established for two particular cash payments that hadbeen made to the managing member of the debtors. (Bankr. D. Or.)
Issue(s)
Preferences; Avoidable Transfers.
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:
- 11 U.S.C.
Sanger, In re--Sanger v. JMG Partners 2021, LP
Aug
01
2023
Ruling
Debtors could not avoid sale as a preferential transfer as the tax sale was held in compliancewith state law. (Bankr. M.D. Pa.)
Issue(s)
Preferences; Avoidable Transfers; Receipt by Creditor.
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Mulholland, In re--Cohen v. Trahan
Jul
06
2023
Ruling
Creditor's garnishment lien could be avoided as debtors were insolvent at the time the lienwas secured. (Bankr. M.D. Fla.)
Issue(s)
Preferences; Avoidable Transfers.
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- 11 U.S.C.
Iannarino, In re--Coutinho v. Stifel Fin. Corp.
Jun
02
2023
Ruling
Bankruptcy trustee was not entitled to avoid prejudgment attachment of debtor's investment accounts as the resulting lien was created outside of the preference period. (Bankr. S.D. Ohio)
Issue(s)
Preferences.
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:
- 11 U.S.C.
ServiCom LLC, In re--Katz v. Merch. Auto. Grp., Inc.
Mar
31
2023
Ruling
Preferential payments made by the debtor were avoidable to the extent the new value of debtor's continued possession and use of leased vehicles was not shown to have been granted after payment to the defendant. (Bankr. D. Conn.)
Issue(s)
Preferences.
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- 11 U.S.C.
Code Ann. § 66-12-102. Clinton Nurseries, Inc., In re--Clinton Nurseries, Inc. v. Pirtle Nursery, Inc.
Mar
17
2023
Ruling
Debtor's agreement to make monthly payments based on the number of trees planted on the creditor's farm was a lease rather than a services contract for purposes of preference proceeding. (Bankr. D. Conn.)
Issue(s)
Preferences; Avoidable Transfers; Receipt by Creditor.
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Court
:
- 11 U.S.C.
Code Ann. § 66-12-102. Clinton Nurseries, Inc., In re--Clinton Nurseries, Inc. v. Pirtle Nursery, Inc.
Mar
17
2023
Ruling
Debtor's agreement to make monthly payments based on the number of trees planted on the creditor's farm was a lease rather than a services contract for purposes of preference proceeding. (Bankr. D. Conn.)
Issue(s)
Preferences; Avoidable Transfers; Receipt by Creditor.
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:
- 11 U.S.C.
Cornerstar Wine & Liquor, LLC, In re--Weinman v. Dragul
Mar
10
2023
Ruling
Transfers for the same amount, the same purpose, and at the same time each month were made in the ordinary course of business. (Bankr. D. Colo.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.
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