Sep
30
2020
A-1 Express Delivery Serv., In re--Dotson v. EAN Servs., LLC
Ruling:
Preference proceeding dismissed as the claims related to damage repairs made to leasedvehicles by creditor which constituted new value. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on September 30,2020, LexisNexis #1120-066
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.)
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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.)
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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.)
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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.)
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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.)
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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.
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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.
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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.
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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.
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Commercial case opionion summary, case decided on February 08,2013, LexisNexis #0313-053
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