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§ 547(c)(9)

Hopkins v. Marble (In re Kempkers)

Feb
04
2013
Ruling
Transferee not entitled to attorneys' fees for successful defense of preference proceeding.
Procedural posture

After the court granted summary judgment in favor of defendant transferee in chapter 7 trustee's action to recover an avoidable preference, the transferee filed a motion for an award of attorneys fees and costs incurred in defending against that claim.

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Consumer opinion summary, case decided on February 04, 2013 , LexisNexis #0213-128
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Hopkins v. Marble (In re Kempkers)

Oct
16
2012
Ruling
Trustee could not avoid transfer for less than $5850 in case where debts were not primarily consumer debts.
Procedural posture

Chapter 7 trustee filed a complaint against defendant creditor seeking to avoid allegedly preferential transfers made to the creditor by the debtor. The creditor moved for summary judgment on the grounds that the 11 U.S.C.S. § 547(c)(9) defense applied.

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Consumer opinion summary, case decided on October 16, 2012 , LexisNexis #1112-023
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Western States Glass Corp. v. Barris (In re Bay Area Glass Inc.)

Jun
28
2011
Ruling
Judgment lien in excess of threshold amount properly held avoidable in its entirety.
Procedural posture

Appellant creditor obtained a judgment lien against a bankruptcy debtor's property which was admittedly avoidable as a preferential transfer, but the creditor asserted that only a portion of the lien amount was avoidable under 11 U.S.C.S. § 547(c)(9). The creditor appealed the order of the U.S. Bankruptcy Court for the Northern District of California which sustained appellee bankruptcy trustee's objection to the creditor's secured claim.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on June 28, 2011 , LexisNexis #1011-020
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Ryan v. Andrews (In re Chrismer)

Sep
23
2008
Ruling
Trustee could not recover for creditor's preference period retrieval of commercial goods worth less than $5 thousand from debtor.
Procedural posture

A debtor filed for relief under chapter 7 of the Bankruptcy Code. Plaintiff trustee filed an action against defendant company alleging that the company received a preferential transfer from the debtor under 11 U.S.C.S. § 547. The company asserted a debtor under 11 U.S.C.S. § 547(c)(9).

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Consumer opinion summary, case decided on September 23, 2008 , LexisNexis #0209-013
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