Perfection Of Transfer

27 Florida cases classified under this topic · sorted by citation count · browse and sort

• D. K. Porter in Bankruptcy of Abe Greenband v. Woodey B. Searle and Edlean E. Searle
  228 F.2d 748· 10th Cir.· 1955-12-19 ·cited 26×
  The court held that the equitable lien acquired by the sellers was not a preferential transfer under the Bankruptcy Act, as amended.
• Matter of Ideal Mercantile Corp.
  244 F.2d 828· 2d Cir.· 1957-05-20 ·cited 16×
  The court held that an assignment of unallowed customs refund claims against the United States, made while insolvent and within four months of bankruptcy petition filing, constitutes a preferential transfer and an act of bankruptcy, even if the assignment itself is valid between
• Palmer v. Radio Corp. OF Am.
  453 F.2d 1133· 5th Cir.· 1971-12-30 ·cited 14×
  An indirect transfer of a debtor's property to a creditor, even if through an intermediary and pursuant to a prior agreement, is a preferential transfer under § 60(a) of the Bankruptcy Act if it is not perfected within four months of bankruptcy and allows the creditor to obtain a
• In re Lewis W. Shurtleff, Inc. v. Frontier Properties/LP 102/Meadow Glen Arms/79
  778 F.2d 1416· 9th Cir.· 1985-12-20 ·cited 12×
  The court held that the transfer of the apartments constituted 'property of the debtor' and occurred within the 90-day preference period, but remanded for further factfinding regarding whether the transfer enabled the transferees to receive more than they would have in a Chapter
• E. Penn Nicholson for the Est. of Carolee's Combine, Inc. v. First Inv. Co. & Bill Beltzer
  705 F.2d 410· 11th Cir.· 1983-05-16 ·cited 12×
  The court held that a transfer of funds from a bankrupt corporation to a creditor, which occurred when the creditor exchanged corporate checks for cashier's checks, constituted a voidable preference under Section 60 of the Bankruptcy Act because the creditor had reasonable cause
• Joseph Cohen in Bankr. of N.Y. Invs. Mut. Grp., Inc. v. Sutherland
  257 F.2d 737· 2d Cir.· 1958-07-30 ·cited 12×
  The court held that the trustee failed to prove insolvency at the time of the transfer, that the consideration was fair, and that the defendant acted in good faith, thus affirming the dismissal of the complaint.
• In re Rosen
  157 F.2d 997· 3d Cir.· 1946-11-19 ·cited 12×
  The court held that under New Jersey law, the effectiveness of an assignment of book accounts against a bankruptcy trustee is determined by whether the assignment was perfected against a bona fide purchaser, and in this case, the assignment was not perfected.
• In re Alan J. and Mary Frances Antweil v. Barnhill
  931 F.2d 689· 10th Cir.· 1991-04-30 ·cited 10×
  For purposes of establishing a voidable preference under 11 U.S.C. § 547(b), a payment made by check is deemed to have occurred when the check is honored by the drawee bank, not when it is delivered to the payee.
• Irving I. Bass in Bankr. of Lease Fin. Corp. v. John P. Stodd in Bankruptcy of Patrick John Gleason
  357 F.2d 458· 9th Cir.· 1966-03-08 ·cited 10×
  The court held that the levy of a writ of attachment, under California law, constitutes a transfer under the Bankruptcy Act, and if perfected more than four months before bankruptcy while the debtor was solvent, it is immune from attack by the trustee as a preference.
• Robert W. Matthews in Bankr. of Beard & Co., Inc. v. James Talcott, Inc.
  345 F.2d 374· 7th Cir.· 1965-04-30 ·cited 10×
  The court held that designations of lumber inventory made within four months prior to bankruptcy did not constitute voidable preferences because they related back to the date the factor's lien notice was filed, and that other challenged transactions were validly secured.
• In re Gulino v. Gulino
  779 F.2d 546· 9th Cir.· 1985-12-30 ·cited 8×
  The court held that the transferees' possession of the real property perfected the transfer at the time of the sale, making it effective outside the 90-day preference period, even though the deed was recorded later.
• Tyrrell v. Dobbs Inv. Co. (formerly known as Dobbs GM Diesel
  337 F.2d 761· 10th Cir.· 1964-10-23 ·cited 8×
  The court held that the Trustee presented sufficient evidence to raise a genuine issue of material fact regarding whether the security instrument was perfected within the 21-day period required by the Bankruptcy Act, thus reversing the trial court's determination.
• In re Quaker City Sheet Metal Co. Appeal of Klauder
  129 F.2d 894· 3d Cir.· 1942-08-12 ·cited 8×
  The court held that transfers made for contemporaneous value, even if unperfected, are not preferential under Section 60(a) of the Bankruptcy Act.
• Cont'l Bank & Tr. Co. of N.Y. v. Winter
  153 F.2d 397· 2d Cir.· 1946-02-04 ·cited 6×
  The court held that the proposed amendment to the bankruptcy petition was insufficient because the alleged act of bankruptcy occurred more than four months before the petition was filed, and the facts did not establish concealment.
• Butler v. Lomas & Nettleton Co.
  862 F.2d 1015· 3d Cir.· 1988-12-07 ·cited 4×
  A transfer under 11 U.S.C. § 548(d)(1) is perfected when it becomes unassailable by a bona fide purchaser, which in Pennsylvania for real property occurs upon recording of the deed or at the sheriff's sale, not upon delivery of the deed.
• Re: In the Matter of: Ramco Am. Int'l, Inc.
  754 F.2d 130· 3d Cir.· 1985-02-04 ·cited 4×
  A transfer is perfected for purposes of Bankruptcy Code section 547 when the writ of execution is delivered to the levying authority, not on the date of the actual levy.
• In re Toula Freeman v. Ritner
  489 F.2d 431· 9th Cir.· 1973-12-11 ·cited 4×
  An assignment of a tax refund, though not compliant with the Assignment of Claims Act, is perfected for bankruptcy purposes when the assignor has irrevocably parted with her interest, making it valid against subsequent claimants under local law.
• Kent-Reese Enters., Inc. v. Hempy
  378 F.2d 910· 9th Cir.· 1967-05-29 ·cited 4×
  The court held that the agreement did not effect a valid assignment or pledge of the Kent-Reese debt because possession of the note was not surrendered.
• Sasha & Sasha, Inc. v. Stardust Marine, S.A.
  741 So. 2d 558· Fla. 4th DCA· 1999-07-28 ·cited 2×
  Sasha & Sasha appealed a trial court judgment finding it was not a transferee of Florida property in a fraudulent transfer action under the Uniform Fraudulent Transfer Act. The court reversed in part on the recordation issue but affirmed on questions of delivery and good faith, a
• In re Pitman v. Mid-State Homes, Inc.
  843 F.2d 235· 6th Cir.· 1988-03-30 ·cited 2×
  A mortgage transfer made on the same day as the transfer of a warranty deed, in exchange for the deed, constitutes a contemporaneous exchange for new value under 11 U.S.C. § 547(c)(1), and is not avoidable as a preference.
• Dudley v. Dickie
  281 F.2d 360· 9th Cir.· 1960-07-13 ·cited 2×
  A state court decree adjudicating title does not preclude a bankruptcy trustee from asserting a preference claim if the preference issue was not and could not have been litigated in the state court action.
• In re Hutcherson. Hutcherson v. Jeffrey
  133 F.2d 959· 7th Cir.· 1943-02-24 ·cited 2×
  The court held that an unrecorded assignment of a judgment, even if made before the Chandler amendment, constituted a voidable preference under the Bankruptcy Act because it was not perfected against a bona fide purchaser and was subject to the Act's provisions.
• Dent v. Martin
  86 B.R. 290· S.D. Fla.· 1988-05-31 ·cited 1×
  The court held that the determination of insider status and debtor insolvency for preferential transfer avoidance must be made as of the date the transfer was perfected, not when it was arranged.
• Gen. Elec. Credit Corp. v. Marion J. Davis for Gaither L. Lowery and Carl S. Lowery
  224 F.2d 322· 4th Cir.· 1955-06-13
  The court held that the General Electric Credit Corporation had reasonable cause to believe the bankrupts were insolvent when the trust receipts were recorded, making the liens voidable preferences.