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990 F.2d 551·
10th Cir.·
1993-04-02
Pre-bankruptcy payments to a creditor arising from floating liens on all debtor's assets do not constitute preferential transfers if the creditor remains undersecured. A claim for late check return is barred by a one-year statute of limitations if the liability is deemed a penalt
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986 F.2d 228·
8th Cir.·
1993-02-17
The court held that a payment made by a buyer of a debtor's assets to one of the debtor's creditors, even if funded by the buyer, can constitute a voidable preferential transfer if it was made from the debtor's property and on account of an antecedent debt.
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985 F.2d 1021·
9th Cir.·
1993-02-11
The court held that the Menicuccis breached their fiduciary duty to WWF by rendering it insolvent and that transfers to them were preferential, reversing the district court's contrary findings.
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971 F.2d 1219·
6th Cir.·
1992-08-05
The dissenting judge believes the court should have addressed the preemption issue or remanded it for consideration, and that the garnishment was not a preferential transfer under state law.
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944 F.2d 320·
6th Cir.·
1991-09-23
The court held that the bankrupt estate's claim to recover a preferential transfer was not a compulsory counterclaim to the United States' claim for civil fines, thus not waiving sovereign immunity under § 106(a).
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917 F.2d 424·
10th Cir.·
1990-10-12
The court held that recovered property under a preference claim automatically becomes part of the bankruptcy estate, regardless of its original character.
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869 F.2d 1319·
9th Cir.·
1989-03-13
Summary judgment was improper on the issue of insolvency because the creditor presented sufficient evidence to rebut the presumption of insolvency, creating a genuine issue of material fact.