Tag Archives: preference

Lis Pendens: Is It A “Transfer” (And Thus Avoidable) Or Not?

Viera v. Whitfield (In re Shiver), 598 B.R. 221 (Bankr. D. S.C. 2019) – A chapter 7 trustee sought to avoid a judgment, a lis pendens and a foreclosure decree involving the debtor’s property as preferences and/or by exercising the strong … Continue reading

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Mortgage Preference: Dilly-Dally Around with Recording and You May Lose

USAA Fed. Sav. Bank v. Hope, 589 B.R. 914 (M.D. Ga. 2018) – A bankruptcy trustee sought to avoid a security deed granted to a refinancing lender as a preference. In defense the lender asserted that there was a substantially contemporaneous … Continue reading

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Resale Profit Participation: Beware – Payments May Be Avoidable as Preferences

Kane v. Coulson (In re Price), 575 B.R. 461 (Bankr. D. Haw. 2017) – A chapter 7 trustee sought to recover as a preference the transfer of proceeds from a sale of the debtor’s real estate under a profit sharing agreement. … Continue reading

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Avoiding Mortgages: How Far Does a Bona Fide Purchaser Have To Go in Searching Records?

Wenzel v. Green Tree Servicing, LLC (In re Wenzel), 554 B.R. 861 (Bankr. W.D. Wis. 2016) – A chapter 7 trustee and a debtor sought to avoid as a preference a mortgage assignment that was recorded within 90 days prior … Continue reading

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Ordinary Course Preference Defense: How Hard Can You Push to Get Paid?

Satija v. C-T Plaster, Inc. (In re Sterry Industries, Inc.), 553 B.R. 96 (Bankr. W.D. Tex.. 2016) – “Summers are hot in Texas, so pools are a hot item. But not hot enough to help a pool installer named Sterry … Continue reading

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Leases: Prebankruptcy Termination May Not Mean That the Landlord Is Out Of the Woods

Official Comm. of Unsecured Creditors v. T.D. Investments I, LLP (In re Great Lakes Quick Lube LP), 816 F.3d 482 (7th Cir. 2016) – A chapter 11 debtor relinquished 2 leases prior to filing bankruptcy. The unsecured creditors’ committee sought … Continue reading

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Bailment: Retaining Funds Received From a Bankrupt Bailee Is Not a Slam Dunk

In re Mississippi Valley Livestock, Inc., 745 F.3d 299 (7th Cir. 2014) – A debtor sold cattle for the account of a cattle producer and then remitted the proceeds to the producer.  A chapter 7 trustee sought to recover the payments as … Continue reading

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