Aug
21
2018
Boston Grand Prix, LLC, In re--Cruickshank v. George R. Roberts Co.
Ruling:
Trustee was not allowed to avoid a payment the debtor made to the manufacturer as themanufacturer provided new value when it delivered custom-made race blocks after thepayment. (Bankr. D. Mass.)
ABI Membership is required to access the full summary of Boston Grand Prix, LLC, In re--Cruickshank v. George R. Roberts Co.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on August 21,2018, LexisNexis #1018-019
Aug
21
2018
Boston Grand Prix, LLC, In re--Cruickshank v. George R. Roberts Co.
Ruling:
Trustee was not allowed to avoid a payment the debtor made to the manufacturer as themanufacturer provided new value when it delivered custom-made race blocks after thepayment. (Bankr. D. Mass.)
ABI Membership is required to access the full summary of Boston Grand Prix, LLC, In re--Cruickshank v. George R. Roberts Co.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on August 21,2018, LexisNexis #1018-019
Dec
05
2017
Simplexity, LLC, In re--Simplexity, LLC v. Sprint Corp.
Ruling:
Court allowed defendant to offset its total preference exposure to the extent that it later provided the debtor with "new value." (Bankr. D. Del.)
ABI Membership is required to access the full summary of Simplexity, LLC, In re--Simplexity, LLC v. Sprint Corp.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on December 05,2017, LexisNexis #0118-045
Sep
22
2017
OneStar Long Distance, Inc., In re--Levin v. Verizon Bus. Global, LLC
Ruling:
Payments were unavoidable as the supplier advanced enough subsequent new value to cover all the preferential transfers it received from the debtor. (7th Cir.)
ABI Membership is required to access the full summary of OneStar Long Distance, Inc., In re--Levin v. Verizon Bus. Global, LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on September 22,2017, LexisNexis #1017-107
Court: Judge or Jurisdiction information not available
Dec
20
2016
Kaye v. Barber Milk, LLC (In re BFW Liquidation, LLC)
Ruling:
Transfers are avoidable as defendants cannot use the paid new value to reduce their liability.(Bankr. N.D. Ala.)
ABI Membership is required to access the full summary of Kaye v. Barber Milk, LLC (In re BFW Liquidation, LLC). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on December 20,2016, LexisNexis #0117-076
Mar
20
2014
Stoebner v. San Diego Gad & Elec. Co. (In re LGI Energy Solutions Inc.)
Ruling:
Two utilities could each offset subsequent new value from preference period payments.
ABI Membership is required to access the full summary of Stoebner v. San Diego Gad & Elec. Co. (In re LGI Energy Solutions Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on March 20,2014, LexisNexis #0414-024
Jun
04
2013
Giuliano v. RPG Mgmt. (In re NWL Holdings Inc.)
Chapter 7 trustee filed a complaint against defendant creditor seeking to avoid and recover certain payments as preferential and fraudulent transfers under 11 U.S.C.S. § 547. The creditor filed a motion for summary judgment. The trustee contested the motion. The court issued its findings of fact and conclusions of law.
Ruling:
Transfers made to ensure continuation of insurance coverage were contemporaneous exchanges for new value and not avoidable.
ABI Membership is required to access the full summary of Giuliano v. RPG Mgmt. (In re NWL Holdings Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on June 04,2013, LexisNexis #0713-094
Apr
12
2013
Kapila v. Spiegel LLC (In re Fountainebleau Las Vegas Holdings LLC)
Plaintiff trustee filed a complaint against defendant seeking to avoid and recover an alleged preferential transfer pursuant to 11 U.S.C.S. § 547. Defendant filed a motion for summary judgment.
Ruling:
Payments for work performed prior to preference period were not avoidable.
ABI Membership is required to access the full summary of Kapila v. Spiegel LLC (In re Fountainebleau Las Vegas Holdings LLC). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on April 12,2013, LexisNexis #0513-018
Feb
08
2013
Wallach v. Ford Motor Co. (In re Performance Transp. Servs.)
Plaintiff chapter 7 trustee sought to recover payments made to defendant creditor as preferential, but the creditor, contending that the payments were for new value under 11 U.S.C.S. § 547(c)(4), filed a motion for summary judgment.
Ruling:
New value defense did not apply where parties engaged in preferential payments rather than available setoff.
ABI Membership is required to access the full summary of Wallach v. Ford Motor Co. (In re Performance Transp. Servs.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on February 08,2013, LexisNexis #0313-053
Dec
01
2010
Circuit City Stores Inc. v. Mitsubishi Digital Elecs. Am. Inc. (In re Circuit City Stores Inc.)
Plaintiff, chapter 11 debtors and the former operators of retail electronics stores, moved for partial summary judgment as to their objection to claims of defendant creditor, one of its regular suppliers of electronic items. At issue was whether the creditor could both claim an administrative expense under 11 U.S.C.S. § 503(b)(9) and utilize the value of the same goods in a 11 U.S.C.S. § 547(c)(4) new value defense to a preference claim.
Ruling:
Creditor could not both claim an administrative expense for value of goods and utilize the value of the goods in a new value defense to a preference claim.
ABI Membership is required to access the full summary of Circuit City Stores Inc. v. Mitsubishi Digital Elecs. Am. Inc. (In re Circuit City Stores Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on December 01,2010, LexisNexis #0111-019
Pages
