Home » Bankruptcy Process and Procedure » Preferences

Tower Credit, Inc. v. Schott (In the Matter of Jackson)

Citation:
No. 16-30274 (5th Circuit, Mar 13,2017) Published
Case Status:
Affirmed
Ruling:
Court ruled that a preferential transfer of a debtor's garnished wages cannot occur until the debtor's wages are actually earned. Court concluded that the transfer was "perfected" under section...
Judge(s):
Davis, Dennis and Southwick. Opinion by Dennis
Tag(s):

Schoenmann v. Bank of the West (In re Tenderloin Health)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 9 years 1 week ago
Citation:
14-17090 (9th Circuit, Mar 07,2017) Published
Case Status:
Reversed
Ruling:
Ninth Circuit holds that courts may entertain hypothetical preference actions within Section 547(b)(5)’s hypothetical liquidation when such an inquiry is factually warranted, supported by...
Judge(s):
A. WALLACE TASHIMA and MILAN D.SMITH, JR., Circuit Judges, and EDWARD R. KORMAN, District Judge, sitting by designation.
Tag(s):

Ring v. First Niagara Bank, N.A. (In the Matter of Sterling United, Inc.)

  • Summarized by Eduardo Glas , Law Office of Eduardo Glas PC
  • 9 years 2 months ago
Citation:
15-4131 (2nd Circuit, Dec 22,2016) Not Published
Case Status:
Affirmed
Ruling:

the Second Circuit affirmed the rulings of the bankruptcy and district courts, dismissing a case filed by a chapter 7 trustee seeking to avoid as a preference the lien of a...

Judge(s):
Calabresi, Raggi and Lynch
Tag(s):

Dymarkowski v. Savage (In re Hadley)

Citation:
16-8010 (6th Circuit, Dec 21,2016) Published
Case Status:
Affirmed
Ruling:

Concluding that the debtor's attorney had not previously perfected a lien on two vehicles pledged by the debtor prior to bankruptcy as collateral for the repayment of unpaid legal fees, the...

Judge(s):
Delk, Preston, and Wise
Tag(s):

Advanced Biomedical, Inc. v. Specialty Laboratories, Inc. (In re Advanced Biomedical, Inc.)

  • Summarized by ,
  • 9 years 3 months ago
Citation:
BAP No. CC-16-1100-DKiF (9th Cir. B.A.P. Dec. 2, 2016) (9th Circuit, Dec 02,2016) Not Published
Case Status:
Affirmed
Ruling:

A prepetition assignment of accounts receivable ordered by a California Superior Court under Cal. Civ. Code section 708.510 was effective to remove the accounts from the debtor’s...

Judge(s):
Randall B. Dunn, Bankruptcy Judge for the District of Oregon sitting by designation, and Ralph B. Kirscher and Robert J. Faris, Bankruptcy Appellate Panel Judges
Tag(s):

UTC of Sparrer Sausage Co., Inc. v. Jason's Foods, Inc.

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 9 years 9 months ago
Citation:
UTC of Sparrer Sausage Co., Inc. v. Jason's Foods, Inc., Case No. 15-2356 (7th Cir. Jun. 10, 2016)
Ruling:
The Bankruptcy Court and District Court applied too narrow of a baseline range in determining whether preference-period payments made by a debtor were subject to the subjective ordinary course of...
Judge(s):
Flaum, Williams, and Sykes
Tag(s):

Barney v. Bank of America (In re Gifford)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 9 months ago
Citation:
Barney v. Bank of America (In re Gifford), Case No. 15-8097 (10th Cir. June 3, 2016) (unpublished)
Ruling:
The transfer of an interest in a mortgage is merely an assignment from one creditor to another—not a transfer of the debtor’s property or an obligation incurred by the debtor.
Judge(s):
Birscoe, Lucero, Phillips
Tag(s):

Slobodian v. I.R.S

  • Summarized by David Banker , Womble Bond Dickinson (US) LLP
  • 9 years 10 months ago
Citation:
No. 15-2833 (3d Cir. May 10, 2016)
Ruling:
Five alleged preferential transfers made by Net Pay (a payroll processor) to the IRS, on behalf of five different clients, were not avoidable under 11 U.S.C. § 547(b) of the Bankruptcy Code. Four...
Judge(s):
SMITH and HARDIMAN, Circuit Judges
Tag(s):

Wiscovitch-Rentas v. Villa Blanca VB Plaza LLC

  • Summarized by David Baker , Law Office of David G. Baker
  • 10 years 2 months ago
Citation:
Wiscovitch-Rentas v. Villa Blanca VB Plaza LLC - BAP No. PR 15-022
Ruling:
Grant of summary judgment to defendant reversed, vacated to the extent that cross-motion for summary judgment was denied and amended cross-motion stricken, and matter remanded for further...
Judge(s):
Feeney (author), Deasey and Cary.
Tag(s):

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