Dec
03
2018
Brownlee, In re--Kelley v. First Cmty. Bank
Ruling:
Transfer of a judicial lien on real property was avoidable as acquisition occurred within the look-back period. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on December 03,2018, LexisNexis #0119-044
Apr
03
2018
NewPage Corp., In re--PIRINATE Consulting Grp., LLC v. ERCO Worldwide
Ruling:
Litigation trustee was entitled to avoid a debtor's pre-petition transfer to defendant where contract had expired before the effective date and could not have been assumed by the debtor. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on April 03,2018, LexisNexis #0518-047
Mar
08
2018
SpecAlloy Corp., In re--Carn v. Audientis, LLC
Ruling:
Trustee allowed to set aside two cash payments as voidable preferences after having met all the necessary elements. (Bankr. M.D. Ala.)
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Commercial case opionion summary, case decided on March 08,2018, LexisNexis #0418-046
Mar
09
2018
Karim, In re--Karim v. Bayview Loan Servicing, LLC
Ruling:
Citation lien asserted on a check and the subsequent transfer of the check itself were preferences and avoidable as the check was acquired within 90 days prior to debtors' filing of bankruptcy. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on March 09,2018, LexisNexis #0418-047
Feb
16
2018
FBI Wind Down, Inc., In re--FBI Wind Down Inc. Liquidating Trust v. Innovatice Delivery Sys.
Ruling:
Court granted liquidating trustee's motion for summary judgment in part as transfers met preference elements. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 16,2018, LexisNexis #0318-103
Feb
16
2018
FBI Wind Down, Inc., In re--FBI Wind Down Inc. Liquidating Trust v. All Am. Poly Corp.
Ruling:
Court denied in part the motion for summary judgment as the level of control enjoyed by the parent debtor left open the possibility of overcoming the presumption that transfers at issue were property of the subsidiary debtors' estates. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 16,2018, LexisNexis #0318-104
Jan
30
2018
Litton, In re
Ruling:
Transfers made within 90 days of debtor's bankruptcy petition date were not avoidablepreferences as the transferred funds would not have been property of the debtor's bankruptcyestate. (Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on January 30,2018, LexisNexis #0318-047
Jan
24
2018
Green Field Energy Servs., In re--Halperin v. Moreno
Ruling:
Defendants could not be granted summary judgment on a preferential claim as funds werecommingled and could not be traced. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on January 24,2018, LexisNexis #0318-018
Jan
24
2018
Green Field Energy Servs., In re--Halperin v. Moreno
Ruling:
Defendants could not be granted summary judgment on a preferential claim as funds werecommingled and could not be traced. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on January 24,2018, LexisNexis #0318-018
Dec
21
2017
Johnson, In re--Wheatley v. Johnson
Ruling:
Trustee could avoid debtor's tax refund as it was made within 90 days prior to the filing of debtor's bankruptcy petition. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on December 21,2017, LexisNexis #0118-109
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