Preferential Transfer

306 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• In re Fulghum Constr. Corp. v. Ranier
  872 F.2d 739· 6th Cir.· 1989-04-14 ·cited 17×
  The court held that the final $300,000 repayment from Fulghum to Ranier & Associates was not an avoidable preferential transfer under 11 U.S.C. § 547(c)(2) because it was made in the ordinary course of business and according to ordinary business terms.
• In re Dill v. Dill
  731 F.2d 629· 9th Cir.· 1984-04-19 ·cited 16×
  The court held that disputed contract claims are not contingent for the purpose of an involuntary bankruptcy petition and that the case must be remanded to determine if these claims should be included in the calculation of whether the debtor was generally not paying debts as they
• Scott v. Allan H. Stocker in Bankruptcy for William Harvey Smith
  380 F.2d 123· 10th Cir.· 1967-06-16 ·cited 16×
  A security interest transaction entered into before the effective date of Oklahoma's Uniform Commercial Code is governed by the pre-Code law, even if the parties intended the UCC to apply.
• Braddy v. Randolph
  352 F.2d 80· 4th Cir.· 1965-10-19 ·cited 16×
  The court held that the claims of a corporate officer, director, and principal stockholder for "loans" to an undercapitalized corporation were properly rejected as capital contributions and preferential transfers, based on the officer's breach of fiduciary duty and lack of good f
• Sidney Rabekoff in Bankr. of Acorn Indus., Inc. v. Lazere & Co., Inc.
  323 F.2d 865· 2d Cir.· 1963-10-22 ·cited 16×
  The court held that a partial summary judgment certified under Rule 54(b) is not a final decision when it does not resolve an entire claim, and thus the appeal must be dismissed.
• 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
• Philip Marks in Bankr. of M & R Plastic Co. v. Goodyear Rubber Sundries, Inc.
  238 F.2d 533· 2d Cir.· 1956-11-13 ·cited 16×
  The court held that the defendant creditor had reasonable cause to believe the debtor was insolvent when merchandise was returned, making the transfer a voidable preference.
• Wolf v. Aero Factors Corp.
  221 F.2d 291· 2d Cir.· 1955-04-11 ·cited 16×
  The court held that the factoring agreement allowed the defendant to set off excess collections against unpaid loans on worthless accounts, and this set-off was permissible under the Bankruptcy Act.
• Harrison v. Merchs. Nat. Bank of Fort Smith
  124 F.2d 871· 8th Cir.· 1942-01-19 ·cited 16×
  The court held that the Bank did not lose its pledgee rights by allowing the bankrupt to sell the pledged poultry, and the Trustee failed to prove the Bank had reasonable cause to believe the debtor was insolvent prior to the critical date.
• Celotex Corp. v. Hillsborough Holdings Corp. (In Re Hillsborough Holdings Corp.)
  176 B.R. 223· M.D. Fla.· 1994-10-13 ·cited 14×
  The court affirmed the bankruptcy court's judgment, finding that the appellants failed to prove that the corporate veil between JWC and Celotex should be pierced.
• In re Peterson v. Peterson
  920 F.2d 1389· 8th Cir.· 1990-12-10 ·cited 14×
  The court held that a trustee's untimely objection to a claimed homestead exemption is permissible only if the debtor lacked a good-faith statutory basis for the exemption, and that the debtors in this case had such a basis.
• Jacksonville Bulls Football, Ltd. v. Blatt
  535 So. 2d 626· Fla. 3d DCA· 1988-12-13 ·cited 14×
  Jacksonville Bulls Football appealed a trial court judgment that set aside three asset transfers and a consent judgment as fraudulent conveyances designed to hinder collection of a foreign judgment. The Florida appellate court reversed, holding that transfers for adequate cash co
• In re Bellanca Aircraft Corp. v. Anderson-Greenwood Aviation Corp.
  850 F.2d 1275· 8th Cir.· 1988-06-22 ·cited 14×
  The court held that payments to third parties for the benefit of the debtor can constitute 'new value' under § 547(c)(4) and that post-petition advances cannot offset pre-petition preferences. However, it remanded for further findings on whether resale proceeds were property of t
• 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
• Kenneally v. First Nat'l Bank OF Anoka
  400 F.2d 838· 8th Cir.· 1968-09-24 ·cited 14×
  The court held that the April 8th security instruments (assignment of accounts receivable and factor's lien) were invalid because the president lacked authority to execute them alone, and the bank could not claim equitable estoppel. The court also found that payments received by
• Leonard v. Bankruptcy
  383 F.2d 556· 9th Cir.· 1967-09-19 ·cited 14×
  A trustee wrongfully possessing property not listed as an asset of the bankrupt estate may be sued in state court for damages without leave of the bankruptcy court.
• Mut. Sav. & Loan Ass'n v. McCants. in re Broome's Men's Shop
  183 F.2d 423· 4th Cir.· 1950-07-31 ·cited 14×
  The court held that the finding of insolvency at the time of recording the mortgages was supported by evidence, but erred in denying one mortgagee the right to prove its loan as an unsecured debt.
• Dworsky v. Alanjay Bias Binding Corp.
  182 F.2d 803· 2d Cir.· 1950-06-07 ·cited 14×
  The court held that an amended involuntary bankruptcy petition alleging specific preferential transfers could not relate back to the original petition's filing date because the original petition lacked sufficient descriptive detail to identify the alleged transfers.
• In re Carden
  118 F.2d 677· 2d Cir.· 1941-03-24 ·cited 14×
  A creditor lacks standing to contest an involuntary bankruptcy petition after the Chandler Act removed the explicit statutory right for creditors to do so.
• Pittman v. Union Planters Nat. Bank & Tr. Co.
  118 F.2d 211· 6th Cir.· 1941-03-04 ·cited 14×
  The court held that warehouse receipts for cottonseed were valid security, but products receipts were not, and that the bankrupt was solvent, thus denying preference claims.
• Baldwin v. Lafayette Land Co.
  62 Fla. 129· Fla.· 1911-06-01 ·cited 14×
  The Florida Supreme Court reversed a judgment in a claim proceeding where a claimant sought to recover personal property seized under an execution. The court found the trial court's jury instructions were erroneous regarding fraudulent intent in preferential transfers from insolv
• Coquina Invs. v. TD Bank, N.A.
  760 F.3d 1300· 11th Cir.· 2014-07-29 ·cited 13×
  The Eleventh Circuit affirmed the district court's judgment, upholding the jury's verdict for Coquina Investments on claims of aiding and abetting a Ponzi scheme and fraudulent misrepresentation. The court found that TD Bank's arguments regarding evidentiary rulings, damages, and
• In re Hallahan v. Hallahan
  936 F.2d 1496· 7th Cir.· 1991-07-10 ·cited 13×
  The court held that the restrictive covenant was enforceable under Missouri law, the damages were sufficiently proven, and the debtor had no right to a jury trial in the bankruptcy court for a dischargeability proceeding.
• In re Empresas Noroeste, Inc. v. Banco Cent. Corp.
  806 F.2d 315· 1st Cir.· 1986-12-04 ·cited 13×
  The court held that it lacked appellate jurisdiction because the bankruptcy court's order denying a motion to dismiss was not a final order.
• Jasson D. Radding, Inc. v. Coulter
  138 So. 2d 380· Fla. 2d DCA· 1962-02-28 ·cited 13×
  Jasson D. Radding, Inc. sued officers of Dukes Wholesale Plumbing Supply Company, Inc. for preferential transfers made after the corporation became insolvent under Florida's fraudulent preference statute. The court affirmed the trial court's judgment for the defendants, holding t
• In re Vitreous Steel Prods. Co.
  911 F.2d 1223· 7th Cir.· 1990-08-07 ·cited 12×
  The court held that while the bankruptcy court properly lifted the automatic stay, the determination of that motion did not preclude the prosecution of the adversary complaint. The court also reversed the dismissal of NIPSCO's claim for equitable subordination.
• Braniff Airways, Inc. v. Midwest Corp.
  873 F.2d 805· 5th Cir.· 1989-05-25 ·cited 12×
  The court held that for purposes of the ordinary course of business exception to preferential transfers under 11 U.S.C. § 547(c)(2), payment by check is considered transferred upon delivery, not when honored by the bank.
• ST. Paul Fire & Marine Ins. Co. v. Vaughn
  779 F.2d 1003· 4th Cir.· 1985-12-26 ·cited 12×
  The court held that specific malice is not required to establish willful and malicious injury for nondischargeability under 11 U.S.C. § 523(a)(6), and that the debtor's actions constituted such injury.
• 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
• In re Fulghum Constr. Corp. v. Ranier
  706 F.2d 171· 6th Cir.· 1983-05-09 ·cited 12×
  The court held that the judicially created 'net result rule' cannot be applied as a gloss to 11 U.S.C. § 547(b)(5) to determine preferential transfers, as it conflicts with congressional intent and renders the statutory defense in § 547(c)(4) impotent.
• In re Emerald OIL Co. v. Fred Wilson Drilling Co.
  695 F.2d 833· 5th Cir.· 1983-01-17 ·cited 12×
  A debt is 'incurred' for purposes of the Bankruptcy Code's ordinary course of business exception when the debtor becomes obligated to pay, not when the creditor invoices the debtor. A creditor's speculative testimony regarding accounting methods is insufficient to rebut the statu
• In re PRS Prods., Inc. v. Mandan Sec. Bank
  574 F.2d 414· 8th Cir.· 1978-04-11 ·cited 12×
  The court held that the bank's withdrawals from the depositor's account constituted permissible set-offs, not recoverable preferences.
• In re Israel-British Bank (London) Ltd. v. Fed. Deposit Ins. Corp.
  536 F.2d 509· 2d Cir.· 1976-05-25 ·cited 12×
  A foreign banking corporation not licensed or regulated in the United States is not excluded from filing for voluntary bankruptcy under Section 4a of the Bankruptcy Act.
• In re Mobilift Equip. OF Fla., Inc. v. Bankruptcy
  415 F.2d 841· 5th Cir.· 1969-09-05 ·cited 12×
  The court held that the trustee met the burden of proving preferential payments and that the referee's findings were supported by the weight of the evidence. The court also held that the trustee was not required to pursue officers and directors before seeking recovery from the pr
• John J. Rooney in the Matter of James Bernard Johnson and Dolores June Johnson v. Mason
  394 F.2d 250· 10th Cir.· 1968-05-13 ·cited 12×
  The court held that the recorded Notice of Agreement, despite lacking explicit mention of a security interest and party addresses, was sufficient to perfect the appellees' security interest under the Wyoming Uniform Commercial Code because the addresses were readily known and the
• Lakeshore Apts., Inc. v. United States
  351 F.2d 349· 9th Cir.· 1965-09-29 ·cited 12×
  Individuals who pay debts of an insolvent debtor to third parties before satisfying debts owed to the United States are personally liable for the government's debt.
• Commercial Credit Corp. v. Skutt
  341 F.2d 177· 8th Cir.· 1965-02-11 ·cited 12×
  The court held that a creditor lacks standing to oppose an involuntary bankruptcy petition and that a trustee has the authority to seek modification of prior orders affecting the bankrupt estate.
• In re the Trimble Co.
  339 F.2d 838· 3d Cir.· 1964-12-29 ·cited 12×
  The court held that while the notes were validly issued, their enforceability against bona fide creditors was conditional on the corporation's financial condition under Pennsylvania law, and that the issue of whether a preferential transfer occurred required further factual deter
• Landy v. Silverman
  189 F.2d 80· 1st Cir.· 1951-05-16 ·cited 12×
  The court held that the pleadings raised genuine issues of fact regarding whether a transfer of licenses was preferential, precluding summary judgment.
• Joseph F. Hughes & Co. v. MacHen
  164 F.2d 983· 4th Cir.· 1947-12-22 ·cited 12×
  A bank's set-off of a bankrupt's deposits against its debt is not a preferential transfer under the Bankruptcy Act if the deposits were made in good faith in the ordinary course of business.
• Briden v. Anne Foley in Bankruptcy
  776 F.2d 379· 1st Cir.· 1985-11-08 ·cited 11×
  Applying the clearly erroneous standard to a bankruptcy court's findings of fact in a core proceeding is constitutional, and the bankruptcy court's findings of insolvency and the appellant's awareness thereof were not clearly erroneous.
• In re Wolverton v. Wolverton
  491 F.2d 361· 9th Cir.· 1974-01-03 ·cited 11×
  The court should reverse and remand, directing the return of money to Time.
• B. F. Avery & Sons Co. v. J. Alvan Davis in Bankr. of Alaga Tractor Co.
  226 F.2d 942· 5th Cir.· 1955-11-15 ·cited 11×
  The court held that an unrecorded conditional sales contract under Georgia law was not valid against a subsequent judgment creditor or the trustee in bankruptcy, and the transfer of property under such a contract within four months of bankruptcy constituted a preferential transfe
• 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.
• In re Busenlehner v. Busenlehner
  918 F.2d 928· 11th Cir.· 1990-12-07 ·cited 10×
  The court held that under Georgia law, a security interest in a vehicle is perfected at the time of its creation if the proper documents are delivered to the Department of Motor Vehicles within twenty days, and this perfection relates back for bankruptcy preference purposes under
• In re Missionary Baptist Found. OF Am., Inc. v. First Nat'l Bank
  796 F.2d 752· 5th Cir.· 1986-08-11 ·cited 10×
  The court held that the Bank obtained a valid security interest in the Debtor's accounts receivable, but remanded for a determination of whether the Bank improved its position during the preference period and for a determination of the value of unperfected security interests in a
• Deel Rent-A-Car, Inc. v. Levine
  721 F.2d 750· 11th Cir.· 1983-12-19 ·cited 10×
  A debtor can avoid a preferential transfer under section 522(h) even if the property would not be exempt from the creditor's claim under state law, and the 'diminution of estate' doctrine does not apply to such debtor actions.
• In re Windbrooke Dev. Corp. v. Env't Enters., Inc.
  524 F.2d 461· 5th Cir.· 1975-12-08 ·cited 10×
  The court held that the filing of an involuntary bankruptcy petition within the statutory four-month period tolls the statute of limitations for preferential transfers, even if summons is not issued immediately thereafter.
• Charles E. Siljeg in Bankr. for Henry House Packing Co., Inc. v. The Nat'l Bank OF Commerce OF Seattle
  509 F.2d 1009· 9th Cir.· 1975-01-13 ·cited 10×
  The court held that the effectiveness of a financing statement under the Uniform Commercial Code depends on whether it substantially complies with requirements and is not seriously misleading to creditors, rather than a strict determination of the "true name" of the debtor corpor
• Texaco Inc. v. The Liberty Nat'l Bank & Tr. Co. OF Okla. City
  464 F.2d 389· 10th Cir.· 1972-08-01 ·cited 10×
  The court held that the trial court erred in granting summary judgment and should have stayed proceedings pending determination by the Bankruptcy Court, as the Bankruptcy Court has exclusive jurisdiction over matters involving potential preferential transfers and the debtor's est