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§ 549(a)(2)(B)

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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Commercial opinion summary, case decided on May 04, 2018 , LexisNexis #0618-017
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In re Kmart Corp.

Apr
11
2006
Ruling
Court ruled that debtor payments made to critical vendors pursuant to court order, which was later reversed, were not exempted from payment recovery action.
Procedural posture

The court had previously approved plaintiff debtors'motion under 11 U.S.C. § 105(a) for authorization to pay prepetition claims of critical trade vendors (critical vendor order). The Court of Appeals for the Seventh Circuit reversed the critical vendor order. The debtors then filed adversary proceedings against defendants, critical vendors, to recover payments made pursuant to the order. The critical vendors moved to dismiss.

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opinion summary, case decided on April 11, 2006 , LexisNexis #0506-026
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