Insight Terminal Sols., LLC, In re
Aug
26
2024
Ruling
Debtor was allowed to conduct a Fed. R. Bankr. P. 2004 examination of the city as sought to determine whether the city's transactions with respect to certain property might constitute an avoidable post-petition transaction. (Bankr. W.D. Ky.)
Issue(s)
Postpetition Transactions; Trustee’s Power to Avoid Transfers.
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:
Fresh Acquisitions, LLC, In re--Gonzales v. SZTX Invs., LLC
Aug
01
2023
Ruling
Post-petition transfers of property of the estate to an insider in connection with fees and costsfor a debtor-in-possession financing were avoidable as not authorized by the DIP order.(Bankr. N.D. Tex.)
Issue(s)
Post-petition Transactions; Trustee’s Power to Avoid Transfers.
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Court
:
Mattes, In re--Overcash v. Bank of Dixon Cnty.
Jun
08
2022
Ruling
Bank's post-petition notation of its lien on certificate of title was avoidable as an unauthorizedpost-petition transfer. (Bankr. D. Neb.)
Issue(s)
Post-petition Transactions; Trustee’s Power to Avoid Transfers.
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:
Lemmons, In re
Aug
13
2019
Ruling
Post-petition lien of creditor mortgage company was avoidable as debtor's post-petitionrefinance was done without court authorization. (Bankr. D. Idaho)
Issue(s)
Post-petition Transactions; Trustee’s Power to Avoid Transfers.
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:
- 11 U.S.C.
BX Acquisitions, Inc., In re--Eisenberg v. Toledo-Lucas Cty. Port Auth.
May
04
2018
Ruling
Trustee could not avoid debtor's postpetition payments to defendant on a prepetition debtbecause they were authorized by court as necessary to debtor's organization. (Bankr. N.D. Ohio)
Issue(s)
Postpetition Transactions; Trustee’s Power to Avoid Transfers; Authorization; Unauthorized Transfers
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:
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
:
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
:
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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:
Pergament v. Pagano (In re Tolkin)
Apr
05
2011
Ruling
Postpetition preconversion transfer was avoidable as were postconversion transfers paid from prepetition earnings.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant creditor seeking to avoid transfers of funds to the creditor pursuant to 11 U.S.C.S. § 549(a) as unauthorized postpetition transfers.
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:
Faulkner v. Wyndham Jade LLC (in re Home Interiors & Gifts Inc.)
Mar
24
2011
Ruling
Check issued prior to petition date for prepetition invoices, which cleared after petition date, could be avoided.
Procedural posture
Plaintiff creditor trust trustee filed an amended complaint against defendant creditor seeking to avoid a transfer and recover the same from the creditor pursuant to 11 U.S.C.S. §§ 549 and 550.
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