Mar
07
2019
Gas-Mart United States, Inc., In re--Lauter v. Wells Fargo Bank, N.A.
Ruling:
Creditor's complaint to avoid preferential transfer was overruled in part as plaintiff established that payments it received were a contemporaneous exchange for new value. (Bankr. W.D. Mo.)
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Commercial case opionion summary, case decided on March 07,2019, LexisNexis #0419-089
Dec
21
2018
Clayton, In re--GGG Partners, LLC v. Atlas Health Care Linen Servs, Co., LLC
Ruling:
Summary judgment in preference proceeding was denied where satisfaction of the ordinary course of business test was a question of material fact. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on December 21,2018, LexisNexis #0219-083
Sep
12
2018
Blue Global, LLC, In re--Yoo v. Zeta Interactive
Ruling:
Payments made by debtor were exempt from avoidance as the trustee failed to establish that the payments were not made in the ordinary course of business or according to ordinary business terms within the affiliate marketing industry. (Bankr. C.D. Cal.)
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Commercial case opionion summary, case decided on September 12,2018, LexisNexis #1018-104
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
Apr
20
2018
Dearborn Bancorp, Inc., In re--Dery v. Karafa
Ruling:
Trustee allowed to avoid pre-petition transfers debtor made to defendants as defendantsfailed to show that any of their services provided "new value" to the debtor. (Bankr. E.D. Mich.)
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Commercial case opionion summary, case decided on April 20,2018, LexisNexis #0718-076
Apr
18
2018
Power, In re--Rainsdon v. Am. First Federal Credit Union
Ruling:
Trustee could avoid transfer of security interest where court determined that the exchange was not in fact substantially contemporaneous. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on April 18,2018, LexisNexis #0518-116
Sep
09
2016
Davis, In re--Newton v. Metal Craft Fabrication & Sales, LLC
Ruling:
Debtor's payment of restitution under a plea agreement was not "new value." (Bankr. E.D.Tenn.)
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Consumer case opionion summary, case decided on September 09,2016, LexisNexis #0318-048
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
Nov
16
2017
Halbert, In re--Halbert v. Dimas
Ruling:
Payment made on debt was avoidable by the debtor as a preference where overpayment debt owed back to the government was not in the nature of support of the debtor's children. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on November 16,2017, LexisNexis #1217-111
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