Jenkins, In re--Fava v. Swick
Jul
26
2022
Ruling
Transfers that debtor made to a non-statutory insider of the debtor within 90 days and oneyear before the date of the bankruptcy filing were avoidable. (Bankr. N.D. Miss.)
Issue(s)
Preferences; Avoidable Transfers.
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Court
:
- 11 U.S.C.
Donghia, Inc., In re--Rescia v. Plycon Van Lines, Inc.
Jul
21
2022
Ruling
Transfer of funds by the debtor to the creditor would be avoided and preserved for the benefitof the bankruptcy estate as the debtor was or became insolvent because of two preferentialtransfers. (Bankr. D. Conn.)
Issue(s)
Preferences.
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Court
:
- 11 U.S.C.
Auriga Polymers Inc. v. PMCM2, LLC
Jul
18
2022
Ruling
Bankruptcy court erred in denying summary judgment to a creditor in preferenceproceeding regarding creditor's subsequent new value defense. (11th Cir.)
Issue(s)
Preferences; Exceptions to Avoidance; Subsequent New Value; Absent Unavoidable
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Apex Rd. Commercial, LLC, In re--Meininger v. Phillips
Jun
03
2022
Ruling
Trustee did not establish that defendants obtained any avoidable, "cognizable" benefit as aresult of debtor's release of the litigation claims. (Bankr. M.D. Fla.)
Issue(s)
Preferences; Avoidable Transfers; Receipt by Creditor.
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Court
:
- 11 U.S.C.
Reagor-Dykes Motors, LP, In re--Faulkner v. Ford Motor Credit Co., LLC
Jun
03
2022
Ruling
Trustee could not rely on the Ponzi-Scheme Presumption to relieve himself of the burden toprove fraudulent intent as debtor did not operate as a Ponzi scheme but accessed capitalthrough traditional financing that created debtor-creditor relationships. (Bankr. N.D. Tex.)
Issue(s)
Preferences; Avoidable Transfers; Receipt by Creditor.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Buehler, In re--Schnittjer v. Buehler
Mar
21
2022
Ruling
Trustee could not recover debtor's lease payment as it satisfied the ordinary course of businessexception. (Bankr. N.D. Iowa)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business;
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Court
:
- 11 U.S.C.
Legendary Field Expeditions, In re--Osherow v. Travelers Prop. Cas., Co. of Am.
Feb
11
2022
Ruling
Payments to the insurer were not avoidable by the trustee as it was not a payment of anantecedent debt. (Bankr. W.D. Tex.)
Issue(s)
Preferences.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Décor Holdings, Inc., In re--Ryniker v. Kaufmann
Feb
03
2022
Ruling
Creditors were entitled to ordinary course of business defense to avoidance based on averagelateness of debtors’ payments made before and during the preference period. (Bankr. E.D.N.Y.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business;
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Court
:
- 11 U.S.C.
HHGREGG, Inc., In re--Official Comm. of Unsecured Creditors v. Curtis Int'l Ltd.
Feb
03
2022
Ruling
Balance of transfers fell within the ordinary course of business exception and were notavoidable. (Bankr. S.D. Ind.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business;
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Judge or Jurisdiction information not available
- 11 U.S.C.
Cambrian Holding Co., In re--Kennedy v. Campbell
Jan
28
2022
Ruling
Liquidating trustee was entitled to summary judgment on its action to avoid a transfer made toa decedent's estate as the transfer was made within the 90 days preceding the debtor's petitiondate. (Bankr. E.D. Ky.)
Issue(s)
Preferences.
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Court
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