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§ 547(b)(4)(A)

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.

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:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on September 02, 2021 , LexisNexis #1021-066
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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.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on September 09, 2016 , LexisNexis #0519-037
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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.

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Commercial opinion summary, case decided on January 15, 2014 , LexisNexis #0214-024
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Kotoshirodo v. Brennan (In re Lull)

Apr
26
2011
Ruling
Transferee, owner of LLC, of which debtor Ponzi scheme operator's corporation was majority member and co-owner, was an insider, entitling trustee to extended reach back.
Procedural posture

Chapter 7 trustee filed a complaint against defendant creditor to recover avoidable preferential transfers from the debtor to the creditor under 11 U.S.C.S. § 547(b). The parties filed cross-motions for summary judgment. At a previous hearing, the trustee's motion was granted as to all elements of avoidable preferences except for the question of whether the creditor was an "insider" as defined in 11 U.S.C.S. § 101(31).

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Consumer opinion summary, case decided on April 26, 2011 , LexisNexis #0511-090
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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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opinion summary, case decided on August 30, 2006 , LexisNexis #1206-029
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