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http://burbageweddell.com/avoidance-recovery/preferences/preference-process-procedure/preference-complaint/
COMPLAINT TO AVOID AND RECOVER. PREFERENTIAL TRANSFERS. Plaintiff [Customer’s Bankruptcy Representative], Plan Administrator of [Bankrupt Customer] (the “Plan Administrator”), brings the instant Complaint to Avoid and Recover Preferential Transfers made by [Bankrupt Customer] (the “Debtor”) to defendant [Your Company] (the “Defendant”) prior to the filing of the Debtors ...
https://www.qwikfile.net/uncategorized/avoiding-preferential-transfers-when-the-bankruptcy-trustee-doesnt/
I’ve filed quite a few complaints to avoid and recover preferential transfers against garnishing creditors in chapter 7 cases and, so far, every creditor has settled immediately without even filing a response to the complaint. Each “settlement” resulted in the creditor returning 100% of the garnished funds during the 90-day preference period.
http://www.deb.uscourts.gov/sites/default/files/opinions/judge-christopher-s.sontchi/opinion-1.3.13.pdf
Debtor filed five separate adversary proceedings to avoid and recover preferential transfers pursuant to sections 547 and 550 and disallow claims under section 502(d) and (j) (collectively, the “Preference Actions”).3 Thereafter, in consultation with the Court,
https://www.avvo.com/legal-guides/ugc/what-you-should-know-about-preferential-transfers---part-one
Nov 08, 2008 · What is a Preferential Transfer? A preferential transfer - also referred to as a "preference" - is a transfer made prior to a bankruptcy filing to a creditor by a …
https://www.bayardlaw.com/legal-updates/bankruptcy-court-denies-motion-to-dismiss-complaint-seeking-avoid-preferential-fraudulent-transfers
The Liquidating Trustee in the Debtors case filed a Complaint to recover the Deposit and Debit as preferential transfers and fraudulent conveyances and Citibank moved to dismiss. Citibank argued that the Deposit and Debit were settlement payments protected by section 546(e) of the Bankruptcy Code.
http://www.kccllc.net/documents/1011310/1011310120420000000000035.pdf
Liquidating Trust (“Liquidating Trustee” or “Plaintiff”), in support of its Complaint to avoid and recover preferential, fraudulent and/or unauthorized post-petition transfers against Propensity Media, LLC (the “Defendant”) and to disallow any claims held by Defendant, …
https://www.law.cornell.edu/uscode/text/11/547
Section 547(c)(2) protects most payments. Section 547(b)(2) of the House amendment adopts a provision contained in the House bill and rejects an alternative contained in the Senate amendment relating to the avoidance of a preferential transfer that is payment of a tax claim owing to a governmental unit.
https://masslawyersweekly.com/2019/05/03/bankruptcy-preferential-transfers-6/
May 03, 2019 · Where a Chapter 7 trustee filed a complaint to avoid allegedly preferential transfers made by checks payable to the defendant, judgment should enter in favor of the trustee in the sum of $139,616. “… In addition to the triable issue of [defendant] GRRC’s ordinary course of business defense under 11 U.S.C. §547(c)(2) pertaining to Check ...
https://www.nolo.com/legal-encyclopedia/bankruptcy-trustee-preference-claims-prior-transfers.html
There are minimum amounts set by the bankruptcy law for avoiding preferential transfers. In cases not involving insiders, the trustee will only be interested in pursuing transfers equal to or greater than an aggregate of $600 in cases where the debt is primarily consumer debt and $6,825 in cases where the debt is not primarily consumer debt.
http://www.deb.uscourts.gov/sites/default/files/opinions/judge-mary-f.walrath/tri-valley-trustee-v.dmj-f1-7-15.pdf
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: ) Chapter 7) ... the Trustee filed a complaint seeking to avoid and recover alleged preferential transfers totaling $43,338.59 from DMJ Gas-Marketing Consultants LLC (“DMJ”). (Adv.
http://delawarebankruptcy.foxrothschild.com/wp-content/uploads/sites/9/2015/12/Capsule-Complaint.pdf
COMPLAINT TO AVOID AND RECOVER TRANSFERS PURSUANT TO 11 U.S.C. §§ 547, 548, 549 AND 550 AND TO ... entity for whose benefit the transfers were made, all preferential transfers of property that occurred during the ninety (90) day period prior to the commencement of the bankruptcy
http://www.kccllc.net/documents/1011310/1011310120419000000000002.pdf
intention to avoid and recover all such transfers, whether such transfers presently are reflected in Exhibit A or not, and the Liquidating Trustee reserves all rights to supplement and amend the allegations of this Complaint accordingly. Collectively, all transfers made by or for the benefit
https://masslawyersweekly.com/2019/05/16/bankruptcy-preferential-transfers-7/
May 16, 2019 · Where a Chapter 7 trustee brought an adversary complaint to avoid allegedly preferential transfers to a defendant that supplied barriers for a planned race, a judgment should enter in favor of the trustee in the sum of $40,286. “The only issue in dispute with respect to the elements of a preference under §547(b) is the Debtor’s ...
http://leshawlaw.com/wp-content/uploads/2013/02/PreferenceArticle.pdf
Transfers to or for the benefit of non-creditors, although not considered preferential, may otherwise be avoidable and recovered as fraudulent transfers. See infra; 11 U.S.C. §§ 544, 548. Guarantors and sureties hold contingent claims against the debtor, and thus constitute “creditors” as defined under the Bankruptcy Code.
https://www.northgabankruptcy.com/defenses-to-preference-lawsuits-complaints-for-preferential-transfers/
DEFENSES TO PREFERENCE LAWSUITS, COMPLAINTS FOR PREFERENTIAL TRANSFERS ... Avoidable preferences mean that exceptions are allowed and in those situations a creditor can avoid the “pay back” preference. ... you must meet with an attorney IMMEDIATELY upon receipt of a …
https://www.mssb.uscourts.gov/media/1540/09-05094-npo_102_20110914.pdf
Recover Preferential Transfers and to Recover Post Petition Transfers (the “Complaint”) (Adv. Dkt. 1) filed by Derek A. Henderson, Chapter 7 Trustee (the “Trustee”),1 and Community Bank’s Answer to Complaint to Avoid and Recover Preferential Transfers and to Recover Post Petition Transfers (Adv. Dkt.
https://www.avvo.com/legal-answers/i-received-a--complaint-to-avoid-and-recover-a-pre-1545515.html
I received a "complaint to avoid and recover a preferential transfer pursuant to Chapter 11" Summons is demanding $72,000. A customer of mine declared bankruptcy in August. This summons dates back...
https://www.ctb.uscourts.gov/sites/ctb/files/opinions/16-5027%20.pdf
In this adversary proceeding, the Trustee filed a complaint (the “Complaint”) seeking to avoid preferential transfers made to David Pearsall(the “Defendant”) under: (i) 11 U.S.C. § 547(b) (Count I); (ii) constructively fraudulent transfers made to the Defendant pursuant to 11
http://www.mssb.uscourts.gov/media/1214/03-05084-erg_131_20080401.pdf
The matter before the court is the Complaint to Avoid Preferential Transfers filed by Friede Goldman Halter, Inc., and its affiliated jointly administered debtors in possession and the Official Unsecured Creditors Committee of Friede Goldman Halter, Inc., against Aircomfort, Inc.
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