SunTrust Bank v. Matson (In re CHN Constr. LLC)
May
18
2015
Ruling
Creditor could not pursue avoidance proceeding based on transfers made by chapter 11 debtor in possession prior to conversion to chapter 7.
Issue(s)
Whether the court could authorize a creditor to commence causes of action under 11 U.S.C.S. §§ 549 and 550(a) against joint payees that engaged in business with debtor while it operated as a debtor in possession (DIP) prior to its conversion to chapter 7.
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Court
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In re Bill
Apr
16
2015
Ruling
Debtor's mother's postpetition grant of a security interest in debtor's boat could be avoided as unauthorized.
Issue(s)
Was the grant of a security interest in debtor's boat by the debtor's mother an avoidable postpetition transfer?
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Court
:
In re Joachin
Apr
13
2015
Ruling
Postpetition foreclosure of debtor's condominium by association that had notice of debtor's bankruptcy was void.
Issue(s)
Did creditor's knowledge of debtor's bankruptcy filing render its postpetition foreclosure void?
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Court
:
Sender v. Golden (In re Golden)
Mar
16
2015
Ruling
Postconfirmation transfer of chapter 13 debtor's homestead to former spouse prior to conversion to chapter 7 was not avoidable.
Issue(s)
Whether a chapter 7 trustee could avoid a post-petition, pre-conversion transfer of proceeds from the sale of debtor's homestead to his former wife under 11 U.S.C.S. § 549(a).
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Court
:
- 11 U.S.C.
Angell v. Mansour (In re Britt Motorsports LLC)
Nov
20
2014
Ruling
Transferees were not entitled to jury trial in avoidance proceeding.
Issue(s)
Whether transferees have a right to a jury trial of a proceeding to avoid postpetition transfers?
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Court
:
- 11 U.S.C.
Applewhite v. Columbus Paper & Chem. Inc. (In re Brandywine Health Servs. of Miss. Inc.)
Oct
06
2014
Ruling
Unauthorized postpetition transfer could be avoided.
Issue(s)
Could an unauthorized postpetition transfer by the debtor be avoided?
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Court
:
- 11 U.S.C.
Joseph v. Feit (In re Liberty Brands LLC)
Sep
25
2014
Ruling
Postpetition transfer was not avoidable as validly authorized by court approval of settlement.
Issue(s)
Could a postpetition payment made by debtor as part of settlement of a claim be avoided?
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Court
:
- 11 U.S.C.
Tibble v. Farmers Grain Express Inc. (In re Michigan Biodiesel LLC)
May
20
2014
Ruling
Trustee did not need to reprove avoidance proceeding against subsequent transferee.
Issue(s)
Whether subsequent transferees, who were not named in a judgment avoiding an initial transfer, may require the trustee in a later recovery proceeding to re-prove the avoidability of the transfer?
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Court
:
Still v. Bowers (In re McKenzie)
May
16
2014
Ruling
Statute of limitations not tolled due to trustee's failure to be alerted by "red flags."
Issue(s)
Was trustee's avoidance proceeding barred by the statute of limitations or was the statute tolled until the complaint was filed?
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Court
:
Manty v. Bougie (In re Bougie)
May
16
2014
Ruling
Trustee could avoid unauthorized postpetition mortgage.
Issue(s)
Could trustee avoid prepetition mortgage that debtor failed to disclose in schedules?
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Court
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