§ 547(b)(5)

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

Tenderloin Health, FKA, In re--Schoenmann v. Bank of the West

Ruling: 
Courts may account for hypothetical preference actions within a hypothetical chapter 7 liquidation if factually warranted, supported by appropriate evidence, and if the action would not contravene an independent statutory provision. (9th Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on March 07,2017, LexisNexis #0417-050

Garner v. Knoll Inc. (In re Tusa-Expo Holdings Inc.)

Ruling: 
Avoidance properly denied where creditor made transfer from proceeds of own collateral.
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Commercial case opionion summary, case decided on January 28,2016, LexisNexis #0216-125

Sparkman v. American Residential Servs. LLC (In re Anderson Homes Inc.)

Defendant filed a motion for summary judgment in plaintiff chapter 7 trustee's action, which sought to recover pursuant to 11 U.S.C.S. § 547 a preferential transfer made by the debtor to defendant. The trustee filed a cross-motion for partial summary judgment.
Ruling: 
Payments to contractor during preference period could be avoided regardless of hypothetical lien rights had payment not been made.
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Commercial case opionion summary, case decided on May 25,2012, LexisNexis #0612-095

Barber v. Central Bank Illinois (In re Trappers Creek LLC)

Chapter 7 trustee filed a complaint against defendant creditor seeking to avoid a payment to the creditor by the debtor as a preference pursuant to 11 U.S.C.S. § 547. By way of defense, the creditor alleged alternatively that it was a secured creditor, that the payment was made in the ordinary course of business, and that it was outside the 90-day preference period. The trustee moved for summary judgment.
Ruling: 
Transfer avoided as preferential where creditor was not fully secured and could not overcome presumption that debtor was insolvent at time it was made.
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Commercial case opionion summary, case decided on March 05,2010, LexisNexis #0510-097

Rodriguez v. Whatcott (In re Walker)

Chapter 7 Trustee filed an adversary proceeding against defendant creditor seeking to avoid a transfer under 11 U.S.C.S. § 547(b). The transfer occurred when the creditor's judgment lien was recorded against real property owned by the debtor. The parties disagreed only as to whether the Trustee established the requirement of 11 U.S.C.S. § 547(b)(5).
Ruling: 
Recording of judgment lien was an avoidable transfer.
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Consumer case opionion summary, case decided on June 12,2008, LexisNexis #0708-082

Falcon Creditor Trust v. First Ins. Funding (In re Falcon Prods.)

Appellant, a creditor trust for a chapter 11 debtor, challenged a decision of the Bankruptcy Court for the District of Missouri, which held that certain payments made to appellee creditor within the 90-day preference period were not preferential under 11 U.S.C. § 547.
Ruling: 
Hypothetical liquidation test for alleged preferential transfers must be conducted as of petition date, not transfer date.
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Commercial case opionion summary, case decided on January 28,2008, LexisNexis #0208-081

Bryant v. JCOR Mech. Inc. (In re Electron Corp.)

Defendant materialman appealed an order of the bankruptcy court that avoided as preferential a payment made by debtor within 90 days before debtor filed a proceeding under chapter 11. Plaintiff was the trustee of the debtor's estate.
Ruling: 
Payments were not preferential transfers since the materialman was a secured creditor in that the materialman would have been entitled to perfect a statutory lien had the materialman not been paid in full.
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