Eleasser v. Cougar Crest Lodge LLC (In re Weddle)
Oct
05
2006
Ruling
Transfers to limited liability company was not an insider of debtor were not avoidable.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant creditor, a limited liability company ("LLC") exclusively managed by a bankruptcy debtor's parent, alleging that the LLC was an insider of the debtors and thus the LLC's recordation of judgments against co-debtors constituted transfers within the preference period of 11 U.S.C. § 547(b). The trustee and the LLC cross-moved for summary judgment.
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Court
:
- 11 U.S.C.
Rocin Liquidation Estate v. Alta AH&L (In re Rocin Intl Inc.)
Sep
29
2006
Ruling
Transfers to provider of health care benefits to debtor's independent contractors within 90 days prior to petition date were avoidable.
Procedural posture
Plaintiff, the liquidation estate of the debtor, brought an adversary complaint against defendant creditor, the provider of health benefits for independent contractors engaged by the debtor. The complaint sought avoidance of certain alleged preferential transfers and recovery of their monetary value pursuant to 11 U.S.C. § 547.
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Oakridge Consulting Inc. v. Mark A. Robicheaux Inc. (In re Consolidated FGH Liquidating Trust)
Aug
31
2006
Ruling
Defendant in preference proceeding was not entitled to credit for payments to third parties on debtor's behalf.
Procedural posture
Chapter 11 debtor brought an adversary proceeding pursuant to 11 U.S.C. §§ 547(b) and 550(a) against defendant for the recovery of preferential transfers made by debtor to defendant.
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Court
:
- 11 U.S.C.
Tardiff v. MBNA Am. Bank (In re Kepley)
Aug
30
2006
Ruling
Payment to creditor with funds held by debtor and spouse as tenants by the entirety was not avoidable.
Procedural posture
Chapter 7 trustee brought an adversary proceeding against a creditor, alleging that a payment by the debtor prior to the bankruptcy filing was a voidable preference under 11 U.S.C. § 547(b)(4)(A). The parties cross-moved for summary judgment.
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Napolitano v. Vibra-Conn Inc. (In re P.J. Patton Co.)
Aug
30
2006
Ruling
Checks payable jointly to debtor and third party and negotiated by the third party were avoidable.
Procedural posture
In this adversary proceeding commenced under 11 U.S.C. §§ 547 and 550(a), plaintiff chapter 7 trustee sought avoidance of certain transfers and recovery of $23,871.54 (plus interest and costs) as preferences paid to defendant involving, inter alia, three checks made payable to defendant and the debtor jointly.
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Court
:
- 11 U.S.C.
Velde v. Kirsch (In re Miller)
Aug
29
2006
Ruling
Subsequent new value defense to avoidance not available where preferential payment was made to cure a bounced check.
Procedural posture
An involuntary chapter 7 petition was filed against debtor. Debtor converted the case to chapter 11. The case was later converted to chapter 7. The trustee commenced an adversary proceeding seeking to avoid a payment from debtor to a soybean seller of $44,955 as a preferential transfer. Pending was the trustee's motion for partial summary judgment. The complaint also sought to avoid a separate transfer, but it was not included in the motion.
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Court
:
- 11 U.S.C.
Mann v. GTCR Golder Rauner LLC
Aug
28
2006
Ruling
Sale of debtor's assets to another company owned by debtor's former CEO was not preferential as debtor was not an insider at time of transfer.
Procedural posture
Plaintiff, the trustee for a debtor in chapter 7 bankruptcy, moved for summary judgment in her adversary proceeding against defendants, a second consulting company, its owner, and the owner's wife, to avoid the sale of the debtor's assets to the second consulting company as a preferential transfer under 11 U.S.C. § 547.
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Morin v. OYO Instruments LP (In re Labelon Corp.)
Aug
28
2006
Ruling
Transfers to creditor pursuant to prepetition distribution agreement were not avoidable.
Procedural posture
Pursuant to 11 U.S.C. §§ 547(b), 550 and 553(b), the chapter 11 debtor filed an adversary proceeding against defendant creditor to avoid certain transfers. After defendant filed an answer, plaintiff trustee moved for summary judgment and to amend the complaint to add intentional and constructive fraudulent transfer causes of action under state and federal law against defendant. Defendant cross-moved for summary judgment.
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Court
:
- 11 U.S.C.
Jensen v. Eck (In re Steele)
Aug
28
2006
Ruling
Close friend of debtor was not an insider so that transfer to the friend more than 90 days prepetition was not preferential.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant transferee of payments from a bankruptcy debtor, seeking to set aside the transfers as preferential. The transferee moved to dismiss the proceeding on the ground that the transfers occurred outside the preference period of 11 U.S.C. § 547(b)(4)(B), the trustee asserted that the period was equitably tolled.
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Court
:
- 11 U.S.C.
Boyd v. Household Auto Fin. (In re Boyd)
Aug
11
2006
Ruling
Creditor's default in adversary proceeding was due to neglect of seven court notices which was not excusable.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor to avoid its lien on the debtors'vehicle as being a preferential transfer under 11 U.S.C. § 547. The creditor did not respond and a default judgment was entered against it. The creditor moved for relief from the default judgment pursuant to the "excusable neglect" standard of Fed. R. Civ. P. 60(b)(1), made applicable to bankruptcy by Fed. R. Bankr. P. 9024.
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Court
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