- 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.
ABI Membership is required to access the full summary of Scherzinger, In re--Scherzinger v. Blair Cnty. Tax Claim Bureau Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Goodman v. MTAG
Sep
02
2021
Ruling
Debtor could not avoid a transfer of real property as a preference or a fraudulent transfer astransfer date was outside the respective lookback periods of 90 days under § 547(b)(4)(A) ortwo years under § 548(a)(1)(B) before the petition filing date. (Bankr. D.N.J.)
Issue(s)
Preferences; Avoidable Transfers; Timing; 90 Days Before Filing.
ABI Membership is required to access the full summary of Goodman v. MTAG 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.
Brownlee, In re--Kelley v. First Cmty. Bank
Dec
03
2018
Ruling
Transfer of a judicial lien on real property was avoidable as acquisition occurred within the look-back period. (Bankr. M.D. Ga.)
Issue(s)
Preferences; Avoidable Transfers; Timing.
ABI Membership is required to access the full summary of Brownlee, In re--Kelley v. First Cmty. Bank Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Wedgewood Props., LLC, In re--Moyer v. Rogers
Aug
14
2018
Ruling
Person in charge of bank’s branch office was served with the writ of garnishment ninety-threedays prior to the petition date, outside of the preference period. (Bankr. W.D. Mich.)
Issue(s)
Preferences; Avoidable Transfers; Timing.
ABI Membership is required to access the full summary of Wedgewood Props., LLC, In re--Moyer v. Rogers Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Rock Branch Mech., In re
Sep
09
2016
Ruling
Trustee was entitled to summary judgment insofar as he sought to avoid the securitycompany's recordation of its security interest. (Bankr. S.D. W. Va.)
Issue(s)
Preferences; Avoidable Transfers; Timing; 90 Days Before Filing.
ABI Membership is required to access the full summary of Rock Branch Mech., In re 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
- 11 U.S.C.
Rentas v. Olavarria (In re Editorial Flash, Inc.)
Jun
29
2016
Ruling
Trustee’s proceeding for avoidance of transfer outside 90-day reachback period dismissed dueto failure to establish that the transfer was to an insider. (Bankr. D.P.R.)
Issue(s)
Preferences; Avoidable Transfers; Timing.
ABI Membership is required to access the full summary of Rentas v. Olavarria (In re Editorial Flash, Inc.) 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.
Wolff v. United States IRS (In re FirstPay Inc.)
Dec
12
2014
Ruling
Trustee could not recover funds transferred by debtor payroll processing firm to the IRS.
Issue(s)
Whether district court properly affirmed a judgment holding that a chapter 7 trustee could not recover under 11 U.S.C.S. §§ 547(b)(4)(A) and 550 funds transferred by debtor, a payroll processing firm, to the IRS.
ABI Membership is required to access the full summary of Wolff v. United States IRS (In re FirstPay Inc.) 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
- 11 U.S.C.
Rentas v. Aguadilla Shopping Ctr. Inc. (In re PMC Mktg. Corp.)
Jan
15
2014
Ruling
Check issued and cashed outside of preference period was not an avoidable preference.
Issue(s)
Could trustee avoid payment made well in advance of 90-day preference period.
ABI Membership is required to access the full summary of Rentas v. Aguadilla Shopping Ctr. Inc. (In re PMC Mktg. Corp.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Allred v. I-90 Fuel Servs. (In re Kirschman)
Nov
15
2012
Ruling
Payment by truck stop manager to owner within one year of petition date was not made to an insider and was not avoidable.
Procedural posture
Chapter 7 trustee filed an adversary complaint under 11 U.S.C.S. § 547 to avoid as preferential transfers, payments made by the debtor, who was an assistant manager at a truck stop owned and operated by defendant transferee. Debtor had bounced three checks for a total of $4,000 to the transferee, and had subsequently made credit card payments to Telecheck to cover that amount.
ABI Membership is required to access the full summary of Allred v. I-90 Fuel Servs. (In re Kirschman) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Longview Aluminum LLC
Sep
02
2011
Ruling
Member of debtor LLC could be an insider for avoidance purposes.
Procedural posture
Appellant, a member of a limited liability company (LLC) that filed for chapter 11 bankruptcy, appealed a judgment of the United States District Court for the Northern District of Illinois that affirmed a decision of a bankruptcy court that held that appellee trustee could void and recover transfers that were made to the member from the LLC less than one year before the bankruptcy filing pursuant to 11 U.S.C.S. § 547(b)(4)(B).
ABI Membership is required to access the full summary of In re Longview Aluminum LLC 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