Owens v. United States (In re Owens)
Dec
18
2007
Ruling
Postpetition tax assessments against debtor's interest in exempt marital residence could be avoided.
Procedural posture
Plaintiff chapter 7 debtor filed an adversary proceeding against defendant United States to avoid, pursuant to 11 U.S.C. § 549(a), federal tax liens of the United States IRS against his exempted interest in the marital residence. Alternatively, the debtor asserted that the filing of the notices of federal tax liens violated 11 U.S.C. § 362(a)(4) or (5) and therefore were void.
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Court
:
- 11 U.S.C.
Rieser v. Brownmor Co. (In re Pyper Constr. Co.)
May
16
2007
Ruling
Payment by general contractor to sub-subcontractor was not property of debtor subcontractor's estate and not avoidable.
Procedural posture
Plaintiff chapter 7 trustee, on behalf of debtor subcontractor, brought an adversary proceeding to avoid as a preference, pursuant to 11 U.S.C. § 549, a $54,000 payment made by defendant general contractor to defendant sub-sub contractor. The trustee also asserted, pursuant to 11 U.S.C. § 542, that the debtor subcontractor was owed funds from the contractor related to the general contract. The parties moved for summary judgment.
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Court
:
- 11 U.S.C.
Salven v. Lyons (In re Bergtholdt)
Mar
30
2007
Ruling
Real estate broker's commission on unauthorized postpetition sale of debtors'residence was avoidable.
Procedural posture
Plaintiff trustee filed a complaint to recover the commission received by defendant broker from the sale of the debtors'residence on the ground that the commission constituted property of the bankruptcy estate that was subject to turnover under 11 U.S.C. § 542 and that the payment of the commission constituted a voidable transfer of property of the estate under 11 U.S.C. § 549.
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Court
:
- 11 U.S.C.
Havis v. Norman (In re Equator Corp.)
Feb
20
2007
Ruling
Disbursement to debtor's civil attorney as settlement of dispute over contingency fee agreement was avoidable.
Procedural posture
Debtor hired defendant attorney to sue a certain entity. Their agreement provided for a contingency fee. Debtor settled with the entity. A dispute arose over attorney fees. The attorney sued in state court. A disbursement was made to the attorney and his counsel in the fee dispute. In the bankruptcy case, the bankruptcy trustee sought to recover the transferred funds under 11 U.S.C. § 549. The parties moved for summary judgment.
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Court
:
- 11 U.S.C.
Speth v. Vaupel (In re Smith)
Dec
08
2006
Ruling
Postpetition recording of warranty avoided as unauthorized transfer.
Procedural posture
Plaintiff chapter 7 trustee brought an adversary proceeding seeking to avoid a postpetition transfer made to defendant transferees by virtue of a warranty deed from debtor to defendants that was not recorded until well after the date of the petition. The trustee proceeded under 11 U.S.C. § 549. The matter was pending judgment. Also pending was defendants' motion to sell the property.
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Court
:
Hopkins v. Lojek (In re Scheu)
Nov
29
2006
Ruling
Payment sent via overnight mail the day before filing was an avoidable post-petition transfer absent proof of delivery prior to filing.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor, asserting that the creditor received an avoidable post-bankruptcy transfer of bankruptcy estate property under 11 U.S.C. § 549(a). In a third-party complaint, the creditor sought to recover a judgment against third party defendants, the debtor and a purchaser.
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Court
:
Varela v. Sommers
Nov
02
2006
Ruling
Postpetition checks written to trucking company were avoidable where funds were in debtor's account on petition date.
Procedural posture
Appellant trucking company appealed from an order by the bankruptcy court granting summary judgment in favor of the bankruptcy trustee in an avoidance proceeding under 11 U.S.C. § 549(a). After filing a voluntary chapter 11 bankruptcy case, the debtor issued two checks to the trucking company, a portion of each check was at issue in the present appeal.
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Court
:
- 11 U.S.C.
In re Earls
Nov
01
2006
Ruling
Postpetition transfer of deed of trust was an unauthorized transfer that coule be avoided.
Procedural posture
A chapter 7 trustee filed a motion for an order directing the cancellation of a deed of trust recorded by a creditor in violation of the automatic stay under 11 U.S.C. § 362(a).
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Court
:
- 11 U.S.C.
Boyer v. Gildea
Oct
05
2006
Ruling
Rent payments were ordinary business expenses.
Procedural posture
Plaintiff bankruptcy trustee filed a complaint consisting of five claims that arose out of the bankruptcy of a debtor company. The primary defendant, the debtor's president and sole equity owner, filed a motion for summary judgment on all claims.
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Court
:
- 11 U.S.C.
Hanrahan v. Walterman - The Rental Co. (In re Walterman Implement Inc.)
Sep
19
2006
Ruling
Postpetition stock transfer by corporate debtor's owner was avoidable.
Procedural posture
Plaintiff chapter 7 trustee and defendant rental company filed motions for summary judgment on the trustee's claim that the transfer by the debtor's owner of his stock in the debtor to the rental company was void in violation of the automatic stay under 11 U.S.C. § 362 and was a voidable postpetition transfer under 11 U.S.C. § 549.
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Court
: