- 11 U.S.C.
US Bank Natl Assn v. Petro Commer. Servs. (In re Interstate Bakeries Corp.)
Jun
17
2013
Ruling
Ordinary course of business defense failed due to failure of testimony to provide objective evidence of payment practices in honey brokerage industry.
Procedural posture
Plaintiff trustee filed an adversary proceeding against defendants creditor seeking to recover a portion of $412,240 in allegedly preferential transfers that the debtor made to the creditor in the 90 days before the debtor's bankruptcy petition date. The matter proceeded to trial on the creditor's former 11 U.S.C.S. § 547(c)(2) and (c)(4) defenses.
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- 11 U.S.C.
Giuliano v. RPG Mgmt. (In re NWL Holdings Inc.)
Jun
04
2013
Ruling
Transfers made to ensure continuation of insurance coverage were contemporaneous exchanges for new value and not avoidable.
Procedural posture
Chapter 7 trustee filed a complaint against defendant creditor seeking to avoid and recover certain payments as preferential and fraudulent transfers under 11 U.S.C.S. § 547. The creditor filed a motion for summary judgment. The trustee contested the motion. The court issued its findings of fact and conclusions of law.
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- 11 U.S.C.
Davis v. All Points Packaging & Distrib. (In re Quebeqcor World (USA) Inc.)
Apr
22
2013
Ruling
Payment made beyond pre-preference period average was not made in ordinary course of business and was avoidable.
Procedural posture
Litigation trustee under bankruptcy debtors' plan brought an adversary proceeding against defendant transferee of funds from the debtors alleging that a payment to the transferee was avoidable as a preferential transfer, and the transferee asserted that the payment was made in the ordinary course of business and was thus not avoidable under 11 U.S.C.S. § 547(c)(2). The trustee and the transferee cross-moved for summary judgment.
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- 11 U.S.C.
Kapila v. Spiegel LLC (In re Fountainebleau Las Vegas Holdings LLC)
Apr
12
2013
Ruling
Payments for work performed prior to preference period were not avoidable.
Procedural posture
Plaintiff trustee filed a complaint against defendant seeking to avoid and recover an alleged preferential transfer pursuant to 11 U.S.C.S. § 547. Defendant filed a motion for summary judgment.
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- 11 U.S.C.
Rushton v. SMC Elec. Prods. (In re C.W. Mining Co.)
Mar
15
2013
Ruling
Preference period payment by debtor mining company to purchase electrical system was made in ordinary course of business and was not avoidable.
Procedural posture
Chapter 7 trustee's complaint sought relief pursuant to 11 U.S.C.S. §§ 547, 548 against defendants. Defendants moved for summary judgment.
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- 11 U.S.C.
Goodman v. Triple C Marine Salvage Inc. (In re Gulf Fleet Holdings Inc.)
Mar
12
2013
Ruling
Preference period payments for one time transaction were not made in ordinary course of business and could be avoided.
Procedural posture
In a preference action brought by chapter 11 trustee under 11 U.S.C.S. § 547 against defendant supplier, the supplier raised an ordinary course defense under § 547(c)(2).
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- 11 U.S.C.
Wallach v. Ford Motor Co. (In re Performance Transp. Servs.)
Feb
08
2013
Ruling
New value defense did not apply where parties engaged in preferential payments rather than available setoff.
Procedural posture
Plaintiff chapter 7 trustee sought to recover payments made to defendant creditor as preferential, but the creditor, contending that the payments were for new value under 11 U.S.C.S. § 547(c)(4), filed a motion for summary judgment.
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- 11 U.S.C.
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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- 11 U.S.C.
Velde v. Border State Bank (In re HovdeBray Enters.)
Dec
03
2012
Ruling
Liquidation sale proceeds properly avoided as preference as floating lien, ordinary course of business and new value defenses did not apply.
Procedural posture
Appellant bank challenged rulings of the U.S. Bankruptcy Court for the District of Minnesota denying summary judgment on appellee trustee's preference action per 11 U.S.C.S. § 547 on findings that its lien was perfected within the § 547 perfection period, that its § 547(c)(5) "floating lien" defense to a security interest perfected during the preference period lacked merit, and that the trustee, who had cross-appealed, was to recover $242,824.
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Prevalence Health LLC
Nov
07
2012
Ruling
Transfer to debtor's president and chief operating officer avoided as preferential given inability to establish ordinary course of business exception.
Procedural posture
The chapter 11 trustee filed an action against defendant the president and chief operating officer of the debtor, to set aside a payment as a preference pursuant to 11 U.S.C.S. § 547. Defendant argued that the transfer was not a preference because it was made in the ordinary course of the debtor's business under § 547(c)(2). Both parties filed motions for summary judgment.
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