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§ 550(a)(1)

Shapiro v. Art Leather Inc. (In re Connolly N. Am. LLC)

Apr
12
2006
Ruling
Summary judgment regarding avoidance and recovery claim was denied since issues of fact existed as to whether creditor benefitted from the transfers.
Procedural posture

Plaintiff trustee sued defendant accounts receivable seller pursuant to 11 U.S.C. § 550(a)(1), seeking to avoid and recover six prepetition payments that the chapter 7 debtor made to the purchaser of defendant's accounts receivable. Defendant moved for summary judgment.

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opinion summary, case decided on April 12, 2006 , LexisNexis #0506-134
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Andreini & Co. v. Pony Express Delivery Servs.

Feb
27
2006
Ruling
Court reversed a district court ruling by finding that an insurance broker was not a creditor that held a debt owed and, thus, was not an initial transferee from which payments could be recovered.
Procedural posture

Appellant broker challenged a decision from the District Court for the Northern District of Georgia, which affirmed a bankruptcy court's decision to grant summary judgment in favor of appellee debtor in a dispute over an alleged preferential transfer.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on February 27, 2006 , LexisNexis #0306-060
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