Aug
07
2020
Fansteel Foundry Corp., In re--Dooley v. Luxfer MEL Techs.
Ruling:
Bankruptcy court's decision that ordinary course of business defense did not apply wasremanded for explanation as to why the court adopted 47 days as the cut-off period. (B.A.P. 8thCir.)
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Commercial case opionion summary, case decided on August 07,2020, LexisNexis #0920-065
May
07
2019
Haw. Island Air, In re
Ruling:
Trustee was entitled to partial summary judgment where existence of any liens on the assetsand proceeds was not relevant to the avoidance of the transfer under § 547. (Bankr. D. Haw.)
Court: Judge or Jurisdiction information not available
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Commercial case opionion summary, case decided on May 07,2019, LexisNexis #0719-037
Apr
17
2019
Managed Storage Int'l, Inc., In re
Ruling:
Stipulations and releases approved given the strength of debtor’s ordinary course of businessdefense to avoidance proceeding. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on April 17,2019, LexisNexis #0719-019
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
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