- 11 U.S.C.
Tidd, In re--Manhart v. S.W. Collins Co.
Sep
11
2017
Ruling
Transfers made in payment of debts incurred in the ordinary course of business were shieldedfrom avoidance. (Bankr. D. Me.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.
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- 11 U.S.C.
Xurex, Inc., In re--Enslein v. IPFS Corp.
Jul
19
2017
Ruling
Payments made by a debtor under the terms of a premium financing agreement was deemed as an extemporaneous exchange for new value without need of the cancellation of the policy. (Bankr. W.D. Mo.)
Issue(s)
Preferences; Exceptions to Avoidance; Contemporaneous Exchange for New Value.
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- 11 U.S.C.
Kaye v. Blue Bell Creameries, Inc. (In re BFW Liquidation, LLC)
Dec
20
2016
Ruling
Creditor failed to show that preferential transfers from debtor were made in ordinary courseof business. (Bankr. N.D. Ala.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.
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- 11 U.S.C.
Kaye v. Barber Milk, LLC (In re BFW Liquidation, LLC)
Dec
20
2016
Ruling
Transfers are avoidable as defendants cannot use the paid new value to reduce their liability.(Bankr. N.D. Ala.)
Issue(s)
Preferences; Exceptions to Avoidance; Subsequent New Value.
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Yip v. Connedx Corp. (In re Gomez)
Nov
14
2016
Ruling
Transfer of worthless stock for which debtor received $49,000 was not subject to avoidance. (Bankr. S.D. Fla.)
Issue(s)
Preferences; Exceptions to Avoidance.
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- 11 U.S.C.
In re Rosich
Oct
14
2016
Ruling
Debtor’s payment of sale proceeds to son following his earlier release of security interest wasa contemporaneous exchange for new value and not avoidable. (Bankr. W.D. Mich.)
Issue(s)
Preferences; Exceptions to Avoidance; Contemporaneous Exchange for New Value.
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Davis, In re--Newton v. Metal Craft Fabrication & Sales, LLC
Sep
09
2016
Ruling
Debtor's payment of restitution under a plea agreement was not "new value." (Bankr. E.D.Tenn.)
Issue(s)
Preferences; Exceptions to Avoidance.
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Pirinate Consulting Grp., LLC v. Md. Dep't of the Env't (In re Newpage Corp.)
Aug
04
2016
Ruling
Environmental fees to state were protected from avoidance by the ordinary course of businessdefense and asbestos and permit fees by the contemporaneous exchange defense. (Bankr. D.Del.)
Issue(s)
Were environmental, asbestos and permit fees excepted from avoidance?
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- 11 U.S.C.
Satija v. C-T Plaster Inc. (In re Sterry Indus.)
Jun
09
2016
Ruling
Preference period payments were not subject to avoidance as they were made in the ordinary course of business.
Issue(s)
Was debtor pool installers preference period payment to subcontractor protected from avoidance by the ordinary course of business exception?
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- 11 U.S.C.
Forman v. Moran Towing Corp. (In re AES Thames LLC)
Mar
03
2016
Ruling
Transfers were not avoidable due to application of the ordinary course of business exception.
Issue(s)
Were preference period transfers protected from avoidance because the debtor paid the transfers in the ordinary course of its business?
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