Wagenknecht, In re--Colbert v. Littman
Aug
24
2020
Ruling
Trustee could not avoid and recover payment to debtor’s law firm that was loaned by debtor’smother as it did not constitute a transfer of an interest of the debtor in property. (10th Cir.)
Issue(s)
Preferences; Avoidable Transfers.
ABI Membership is required to access the full summary of Wagenknecht, In re--Colbert v. Littman Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Fansteel Foundry Corp., In re--Dooley v. Luxfer MEL Techs.
Aug
07
2020
Ruling
Bankruptcy court's decision that ordinary course of business defense did not apply wasremanded for explanation as to why the court adopted 47 days as the cut-off period. (B.A.P. 8thCir.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.
ABI Membership is required to access the full summary of Fansteel Foundry Corp., In re--Dooley v. Luxfer MEL Techs. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
GYPC, Inc., In re--Harker v. Cummings
Aug
04
2020
Ruling
Trustee sufficiently pled insolvency where the allegations raised the specter that debtor mighthave been insolvent both before and after a merger and that debtor merged with an apparentlywholly-owned insolvent subsidiary. (Bankr. S.D. Ohio)
Issue(s)
Preferences; Presumption of Insolvency.
ABI Membership is required to access the full summary of GYPC, Inc., In re--Harker v. Cummings Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Lakeland Radiologists, Ltd., In re--Bruegge v. Aker
Jul
14
2020
Ruling
Preference period transfers to make up for previously owed salary payments were avoidable. (Bankr. S.D. Ill.)
Issue(s)
Preferences; Avoidable Transfers.
ABI Membership is required to access the full summary of Lakeland Radiologists, Ltd., In re--Bruegge v. Aker Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
( Judge Altenberger ) [ Bankruptcy Court ]
- 11 U.S.C.
LMCHH PCP, LLC, In re--LMCHH PCP, LLC v. Crescent Imaging, LLC
Jul
06
2020
Ruling
Payments were preferential transfers where debtor failed to prove the ordinary course defense. (Bankr. E.D. La.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business; Made in Ordinary Course of Business.
ABI Membership is required to access the full summary of LMCHH PCP, LLC, In re--LMCHH PCP, LLC v. Crescent Imaging, LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
( Judge Brown ) [ Bankruptcy Court ]
- 11 U.S.C.
FBI Wind Down, Inc., In re--FBI Wind Down, Inc. Liquidating Trust v. Careers USA, Inc.
Apr
17
2020
Ruling
Defendant's motion for summary judgment denied where factual issues remained as towhether certain transfers were for or on account of antecedent debt. (Bankr. D. Del.)
Issue(s)
Preferences.
ABI Membership is required to access the full summary of FBI Wind Down, Inc., In re--FBI Wind Down, Inc. Liquidating Trust v. Careers USA, Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
EMAS CHIYODA Subsea Ltd., In re--Searcy v. Pharma-Safe Indus. Servs.
Apr
06
2020
Ruling
Summary judgment granted in preference proceeding where plan administrator satisfied allof the required elements. (Bankr. S.D. Tex.)
Issue(s)
Preferences.
ABI Membership is required to access the full summary of EMAS CHIYODA Subsea Ltd., In re--Searcy v. Pharma-Safe Indus. Servs. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Hillen v. Clarich Farms, LLC (In re Farmers Grain, LLC)
Mar
09
2020
Ruling
Summary judgment motions in preferential transfer proceeding denied due to significantmaterial disputes. (Bankr. D. Idaho)
Issue(s)
Preferences; Avoidable Transfers.
ABI Membership is required to access the full summary of Hillen v. Clarich Farms, LLC (In re Farmers Grain, LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Lansdowne Constr., In re
Feb
21
2020
Ruling
Court rejected creditor's defense that payment was not a preference because it was by jointcheck, as there was not an enforceable, non-avoidable, joint check agreement. (Bankr. E.D. Va.)
Issue(s)
Preferences; Avoidable Transfers.
ABI Membership is required to access the full summary of Lansdowne Constr., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Quadrant 4 Sys. Corp., In re--Amherst Partners LLC v. Krell
Jan
21
2020
Ruling
Trustee could recover the preferential transfers or equivalent value from defendant where itsatisfied all necessary elements. (Bankr. N.D. Ill.)
Issue(s)
Preferences.
ABI Membership is required to access the full summary of Quadrant 4 Sys. Corp., In re--Amherst Partners LLC v. Krell Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: