- 11 U.S.C.
Garner v. Knoll Inc. (In re Tusa-Expo Holdings Inc.)
Jan
15
2014
Ruling
Postpetition payments to creditor pursuant to prepetition assignment were not avoidable.
Issue(s)
Were postpetition payments under prepetition assignment agreement avoidable as unauthorized postpetition transfers.
ABI Membership is required to access the full summary of Garner v. Knoll Inc. (In re Tusa-Expo Holdings Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Ellis v. IPC (USA), Inc. (In re Pettit Oil Co.)
Dec
19
2013
Ruling
Transfers that did not involve estate property were not avoidable. (Bankr. W.D. Wash.)
Issue(s)
Whether consigned goods delivered to a debtor postpetition become property of the debtor's estate.
ABI Membership is required to access the full summary of Ellis v. IPC (USA), Inc. (In re Pettit Oil Co.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Hopkins v. Frazier (In re Tews)
Nov
25
2013
Ruling
Transfer of trailer paid for prepetition was avoidable where certificate of title issued postpetition.
Issue(s)
Was transfer of trailer avoidable where payment was made prepetition but certificate of title not issued until after petition date?
ABI Membership is required to access the full summary of Hopkins v. Frazier (In re Tews) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Rainsdon v. Davisco Foods Intl Inc. (In re Azevedo)
Aug
19
2013
Ruling
Trustee could not recover amounts cheese producer deducted as interest owed on advances for milk deliveries between petition date and date of conversion to chapter 7.
Issue(s)
Whether a chapter 7 trustee was entitled under 11 U.S.C.S. §§ 549 and 550 to recover amounts a cheese producer deducted as interest it was owed on advance payments it made to a debtor for milk the debtor delivered between the date he declared Chapter 12 bankruptcy and the date his case was converted to one under chapter 7 of the Bankruptcy Code.
ABI Membership is required to access the full summary of Rainsdon v. Davisco Foods Intl Inc. (In re Azevedo) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Krohn v. Burton (In re Swift)
Aug
05
2013
Ruling
Trustee could seek turnover of apartments in which estate had 50 percent despite passage of 18 years prior to filing motion.
Issue(s)
Could trustee seek turnover of debtor's 50 percent interest in apartments after passage of 18 years after default judgment denying discharge.
ABI Membership is required to access the full summary of Krohn v. Burton (In re Swift) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Jirsa
May
20
2013
Ruling
Lease with option to purchase avoided as purchase price was less than equivalent value of property.
Procedural posture
A hearing was held on confirmation of the debtors' third amended chapter 13 plan and on their amended motion to reject an executory contract, or in the alternative, to determine that the executory contract was terminated.
ABI Membership is required to access the full summary of In re Jirsa Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Abbott v. Arch Wood Protection Inc. (In re Wood Treaters LLC)
Apr
22
2013
Ruling
Postpetition transfers that did not injure estate could not be avoided by trustee.
Procedural posture
Plaintiff chapter 7 trustee filed complaints against defendant transferees to avoid and recover postpetition transfers of estate property pursuant to 11 U.S.C.S. §§ 549 and 550 that were made by the debtor for the purchase of goods related to the debtor's lumber business.
ABI Membership is required to access the full summary of Abbott v. Arch Wood Protection Inc. (In re Wood Treaters LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Alexander v. Jensen-Carter
Apr
02
2013
Ruling
Order allowing trustee to sell debtor's home free and clear affirmed.
Procedural posture
A debtor ex-wife appealed a decision of the U.S. District Court for the District of Minnesota affirming a bankruptcy court order giving possession of disputed property (a house) to appellee trustees of the individual bankruptcy estates of the ex-wife and debtor ex-husband.
ABI Membership is required to access the full summary of Alexander v. Jensen-Carter Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Gold v. Nova World Intl LLC (In re Harvey Goldman & Co.)
Apr
01
2013
Ruling
Trustee could avoid prepetition payment for machinery that was installed postpetition.
Procedural posture
Debtor, which was subject of an involuntary chapter 7 petition, was a large customer of defendant creditor, a Michigan limited liability company that sold machinery for the debtor's use in various locations. The trustee sought to avoid transactions whereby the debtor had paid for machinery ordered pre-petition, but installed postpetition. Trustee and the creditor each moved for summary judgment.
ABI Membership is required to access the full summary of Gold v. Nova World Intl LLC (In re Harvey Goldman & Co.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Schafer v. Hilliard (In re Royal Tours Inc.)
Mar
01
2013
Ruling
Unauthorized postpetition transfers could be avoided but not postpetition payments made to satisfy debt of non-debtor spouse.
Procedural posture
Bankruptcy trustee brought an adversary proceeding against transferee of funds from a bankruptcy debtor alleging that the transfers were avoidable as preferential transfers under 11 U.S.C.S. § 547, that certain transfers were avoidable as unauthorized postpetition transfers under 11 U.S.C.S. § 549. The trustee moved for summary judgment.
ABI Membership is required to access the full summary of Schafer v. Hilliard (In re Royal Tours Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: