- 11 U.S.C.
Gas-Mart United States, Inc., In re--Lauter v. Wells Fargo Bank, N.A.
Mar
07
2019
Ruling
Creditor's complaint to avoid preferential transfer was overruled in part as plaintiff established that payments it received were a contemporaneous exchange for new value. (Bankr. W.D. Mo.)
Issue(s)
Preferences; Exceptions to Avoidance; Contemporaneous Exchange for New Value.
ABI Membership is required to access the full summary of Gas-Mart United States, Inc., In re--Lauter v. Wells Fargo Bank, N.A. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Clayton, In re--GGG Partners, LLC v. Atlas Health Care Linen Servs, Co., LLC
Dec
21
2018
Ruling
Summary judgment in preference proceeding was denied where satisfaction of the ordinary course of business test was a question of material fact. (Bankr. N.D. Ga.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business; Made According to Ordinary Business Terms.
ABI Membership is required to access the full summary of Clayton, In re--GGG Partners, LLC v. Atlas Health Care Linen Servs, Co., LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Blue Global, LLC, In re--Yoo v. Zeta Interactive
Sep
12
2018
Ruling
Payments made by debtor were exempt from avoidance as the trustee failed to establish that the payments were not made in the ordinary course of business or according to ordinary business terms within the affiliate marketing industry. (Bankr. C.D. Cal.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.
ABI Membership is required to access the full summary of Blue Global, LLC, In re--Yoo v. Zeta Interactive Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Boston Grand Prix, LLC, In re--Cruickshank v. George R. Roberts Co.
Aug
21
2018
Ruling
Trustee was not allowed to avoid a payment the debtor made to the manufacturer as themanufacturer provided new value when it delivered custom-made race blocks after thepayment. (Bankr. D. Mass.)
Issue(s)
Preferences; Exceptions to Avoidance; Subsequent New Value.
ABI Membership is required to access the full summary of Boston Grand Prix, LLC, In re--Cruickshank v. George R. Roberts Co. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Boston Grand Prix, LLC, In re--Cruickshank v. George R. Roberts Co.
Aug
21
2018
Ruling
Trustee was not allowed to avoid a payment the debtor made to the manufacturer as themanufacturer provided new value when it delivered custom-made race blocks after thepayment. (Bankr. D. Mass.)
Issue(s)
Preferences; Exceptions to Avoidance; Subsequent New Value.
ABI Membership is required to access the full summary of Boston Grand Prix, LLC, In re--Cruickshank v. George R. Roberts Co. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Dearborn Bancorp, Inc., In re--Dery v. Karafa
Apr
20
2018
Ruling
Trustee allowed to avoid pre-petition transfers debtor made to defendants as defendantsfailed to show that any of their services provided "new value" to the debtor. (Bankr. E.D. Mich.)
Issue(s)
Preferences; Exceptions to Avoidance; Contemporaneous Exchange for New Value.
ABI Membership is required to access the full summary of Dearborn Bancorp, Inc., In re--Dery v. Karafa Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Power, In re--Rainsdon v. Am. First Federal Credit Union
Apr
18
2018
Ruling
Trustee could avoid transfer of security interest where court determined that the exchange was not in fact substantially contemporaneous. (Bankr. D. Idaho)
Issue(s)
Preferences; Exceptions to Avoidance; Contemporaneous Exchange for New Value.
ABI Membership is required to access the full summary of Power, In re--Rainsdon v. Am. First Federal Credit Union Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Simplexity, LLC, In re--Simplexity, LLC v. Sprint Corp.
Dec
05
2017
Ruling
Court allowed defendant to offset its total preference exposure to the extent that it later provided the debtor with "new value." (Bankr. D. Del.)
Issue(s)
Preferences; Exceptions to Avoidance; Subsequent New Value.
ABI Membership is required to access the full summary of Simplexity, LLC, In re--Simplexity, LLC v. Sprint Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Halbert, In re--Halbert v. Dimas
Nov
16
2017
Ruling
Payment made on debt was avoidable by the debtor as a preference where overpayment debt owed back to the government was not in the nature of support of the debtor's children. (Bankr. N.D. Ill.)
Issue(s)
Preferences; Exceptions to Avoidance; Payment of Domestic Support Obligations.
ABI Membership is required to access the full summary of Halbert, In re--Halbert v. Dimas Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
OneStar Long Distance, Inc., In re--Levin v. Verizon Bus. Global, LLC
Sep
22
2017
Ruling
Payments were unavoidable as the supplier advanced enough subsequent new value to cover all the preferential transfers it received from the debtor. (7th Cir.)
Issue(s)
Preferences; Exceptions to Avoidance; Subsequent New Value.
ABI Membership is required to access the full summary of OneStar Long Distance, Inc., In re--Levin v. Verizon Bus. Global, LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
:
Judge or Jurisdiction information not available