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Maxwell v. Progressive Techs. Inc. (In re marchFirst Inc.)

Ruling
Transfer within 90 days of petition date on account of antecedent debt was preferential where debtor could not rebut presumption of insolvency.
Procedural posture

Plaintiff, a bankruptcy trustee for the debtors' estates, filed an action against defendant company alleging that the debtors made a preferential transfer to the company under 11 U.S.C.S. § 547(b). The trustee filed a motion for summary judgment.

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Commercial opinion summary, case decided on June 05, 2008 , LexisNexis #0908-102

Maxwell v. Space LLC (In re marchFirst Inc.)

Ruling
Payment of invoice within average historical period was within ordinary course of business defense to avoidance.
Procedural posture

Pending was plaintiff trustee's summary judgment motion on his complaint against defendant transferee alleging that debtor made a preferential transfer under 11 U.S.C.S. § 547(b). The parties' dispute focused on the transferee's ordinary course of business defense under 11 U.S.C.S. § 547(c) (amended 2005).

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Commercial opinion summary, case decided on April 18, 2008 , LexisNexis #0608-098

de Guzman Torre v. Abequibel (In re Abequibel)

Ruling
Discharge revoked due to debtor's nondisclosure of real property.
Procedural posture

Plaintiff creditor filed an adversary proceeding against defendant debtor to revoke the debtor's discharge pursuant to 11 U.S.C. § 727(d).

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Consumer opinion summary, case decided on October 18, 2007 , LexisNexis #1107-137

Maxwell v. Copy Corps. Of Ill. LLC (In re marchFIRST Inc.)

Ruling
Transfers to creditor within 90 days of petition date were preferential given debtor's failure to prove ordinary course of business defense.
Procedural posture

Plaintiff trustee filed a motion for summary judgment on his complaint that a chapter 7 debtor made preferential transfers to defendant creditor under 11 U.S.C. § 547(b).

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opinion summary, case decided on February 21, 2007 , LexisNexis #0407-067

Krist v. Curtis (In re Curtis)

Ruling
Debt was deemed dischargeable despite debtor's false representations since creditor was not justified in relying on these representations.
Procedural posture

Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that his debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A) and (B).

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opinion summary, case decided on July 18, 2006 , LexisNexis #0806-057

Pearson v. Howard (In re Howard)

Ruling
Attorney debtor's judgment debt was deemed nondischargeable since attorney debtor's conduct constituted a fidudiary defalcation.
Procedural posture

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor, an attorney, seeking a declaration that the attorney's judgment debt to the creditor for legal malpractice was not dischargeable under 11 U.S.C. § 523 based on fraud, false representation, fiduciary defalcation, and willful and malicious conduct. The bankruptcy court conducted a trial.

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opinion summary, case decided on March 22, 2006 , LexisNexis #0406-091