Monthly Archives: October 2013

Financial Institution Payments: When Is A Preference Not A Preference?

Official Comm. of Unsecured Creditors of Quebecor World (USA) Inc. v. American United Life Ins. Co. (In re Quebecor World (USA) Inc.), 719 F.3d 94 (2d Cir. 2013) – Shortly before filing bankruptcy, the debtor made a ~$376 million payment to a … Continue reading

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Of Auction Sales and Fees: Going, Going, Going … Not Gone

Garden v. Central Nebraska Housing Corp., 719 F.3d 899 (8th Cir. 2013) – A secured party obtained relief from the automatic stay to allow the trustee under a deed of trust to sell a farm.  The secured party contended that (i) … Continue reading

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Landlord Claims: Calculating Capped Future Rent Claims Should Be A Simple Matter of Arithmetic – Right?

In re MDC Systems, Inc., 488 B.R. 74 (Bankr. E.D. Pa. 2013) – A chapter 7 debtor’s landlord filed a proof of claim for ~ $1 million.  An unsecured creditor objected on the basis that (1) the lease was terminated prepetition, so … Continue reading

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