Preferential Transfer

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

• Charles E. Burroughs in Bankr. of Hearthside Homes, Inc. v. Fields
  546 F.2d 215· 7th Cir.· 1976-11-18 ·cited 6×
  A corporate officer's self-payment of commissions when the corporation is insolvent or impending insolvency constitutes a fraudulent conveyance under federal bankruptcy law and state common law, allowing the trustee to recover the funds.
• In re Colacci's OF Am. v. Gifford
  490 F.2d 1118· 10th Cir.· 1974-01-18 ·cited 6×
  The court held that the seller's repossession of equipment was a preferential transfer under the Bankruptcy Act, not a valid cancellation of the sale.
• In re Jack Kardow Plumbing Co. v. Nass
  451 F.2d 123· 5th Cir.· 1971-10-28 ·cited 6×
  A creditor filing a proof of secured claim may be subject to summary jurisdiction under § 57(g) if the filing indicates an intent to share in the general assets of the bankruptcy estate, but this must be determined by examining the circumstances of the filing.
• In re Souder v. Trudy Tappan
  449 F.2d 284· 5th Cir.· 1971-09-24 ·cited 6×
  The court held that the Moores did not acquire a lien superior to the trustee and that Tappan's lien was valid and not voidable under the Bankruptcy Act.
• James A. Davis in the Matter of Midwest Livestock Comm'n Co. v. Sec. Nat'l Bank OF Nev.
  447 F.2d 1094· 9th Cir.· 1971-08-19 ·cited 6×
  The court held that the statute of limitations for a trustee to recover a preferential transfer is tolled during the pendency of Chapter X proceedings, and that the trustee should have been permitted to amend their complaint.
• Houdaille-Duval-Wright Co. v. A. C. Congdon in Bankr. of Bill Radcliff & Co., Inc.
  237 So. 2d 305· Fla. 2d DCA· 1970-06-12 ·cited 6×
  The Florida District Court of Appeal reversed a summary judgment for a trustee in bankruptcy, finding that the bankrupt corporation's payment to a subcontractor was not definitively proven to be a preferential or fraudulent transfer due to unresolved issues of intent.
• Thomas C. Bogus in the Matter of Jacob Rosenblum v. The Am. Nat'l Bank OF Cheyenne
  401 F.2d 458· 10th Cir.· 1968-10-09 ·cited 6×
  A Wyoming liquor license constitutes 'property' under the Uniform Commercial Code, allowing for a valid security interest to be perfected in it.
• Thomas A. Conroy in Bankruptcy for Leslie D. Stickler v. Shott
  363 F.2d 90· 6th Cir.· 1966-07-08 ·cited 6×
  The court held that the defendant should have known of the bankrupt's fraudulent intent, establishing constructive knowledge and liability, but erred in granting summary judgment for a specific damages amount without sufficient proof.
• Mitchell Stevan for Genie Craft Corp. v. Union Tr. Co. OF the Dist. OF Columbia
  316 F.2d 687· D.C. Cir.· 1963-03-28 ·cited 6×
  The court held that the transfers of customer notes from Genie Craft to the Bank were valid pledges, not preferential transfers, and were perfected before the federal tax lien notice was filed.
• J. H. W. Small in Bankruptcy v. Williams
  313 F.2d 39· 4th Cir.· 1963-01-09 ·cited 6×
  The court held that a dominant stockholder's loan, secured by a chattel mortgage, was a valid secured claim, but a payment on the unsecured portion of that claim shortly before bankruptcy constituted an unlawful preference.
• John E. O'Keefe in Bankr. of Lanson Wood Prods. Corp. v. Landow
  289 F.2d 465· 2d Cir.· 1961-05-04 ·cited 6×
  An attorney's lien attaches only to funds to which the client is entitled; if the client recovers nothing, the attorney has no lien on funds held in escrow for the client's benefit.
• Richard E. Bixby in Bankruptcy of Cecil L. Slavens v. First Nat'l Bank OF Elwood
  250 F.2d 713· 7th Cir.· 1957-12-10 ·cited 6×
  The amended petition does not relate back to the original petition's filing date for calculating the four-month period under Section 60(a) of the Bankruptcy Act.
• Harris v. Capehart-Farnsworth Corp.
  207 F.2d 512· 8th Cir.· 1953-11-05 ·cited 6×
  The court held that the bankruptcy court's order overruling the motions to dismiss was correct, finding the amended petition sufficiently alleged acts of bankruptcy and that the appointment of a receiver without notice was not prejudicial.
• Coin Mach. Acceptance Corp. v. O'Donnell
  192 F.2d 773· 4th Cir.· 1951-11-05 ·cited 6×
  The court held that the amended Bankruptcy Act, Public Law 461, applies retroactively to pending cases, validating the trust receipts.
• Sun-Lite Awning Corp. v. E. J. Conklin Aviation Corp.
  176 F.2d 344· 4th Cir.· 1949-08-04 ·cited 6×
  The court held that the amended involuntary bankruptcy petition should not have been dismissed, as the Bankruptcy Act requires notice to creditors and allows intervention when the debtor admits an act of bankruptcy and the number of creditors is disputed.
• In re J. P. Linahan, Inc.
  133 F.2d 688· 2d Cir.· 1943-01-08 ·cited 6×
  The court held that summary judgment was inappropriate because the debtor's initial acquiescence to an involuntary Chapter X petition was rendered ineffective by subsequent events, and proof of insolvency was required.
• Godard v. Peyton C. Crenshaw
  136 Fla. 78· Fla.· 1938-08-01 ·cited 6×
  In this creditors' bill case, the Florida Supreme Court affirmed the dismissal of Godard's complaints alleging fraudulent conveyances. The Court held that Godard failed to adequately plead essential elements of a fraudulent transfer claim, specifically failing to allege that the
• In re Axona Int'l Credit & Commerce Ltd. (Formerly Bancom Int'l Limited) v. Togut
  924 F.2d 31· 2d Cir.· 1991-01-18 ·cited 4×
  The court held that the appeal must be dismissed for want of appellate jurisdiction because the 1990 amendment to 11 U.S.C. § 305(c) expressly deprives courts of appeals of jurisdiction to review bankruptcy court orders dismissing or suspending proceedings under § 305(a).
• In re Muncrief v. MT. Prospect State Bank
  900 F.2d 1220· 8th Cir.· 1990-04-09 ·cited 4×
  The court held that the district court's finding of debtor insolvency was not clearly erroneous, and the bankruptcy court clearly erred in finding the debtor solvent.
• In re CHG Int'l, Inc. v. Barclays Bank
  897 F.2d 1479· 9th Cir.· 1990-02-28 ·cited 4×
  Payments on long-term debt are not covered by the ordinary course of business exception to preferential transfers, and interest on such loans accrues when the loan is incurred, not when payments are due.
• Begier v. United States Internal Revenue Serv.
  878 F.2d 762· 3d Cir.· 1989-06-30 ·cited 4×
  The court held that pre-petition payments of non-segregated funds to the IRS for tax withholding obligations are not avoidable preferential transfers under 11 U.S.C. § 547(b). These payments are considered a special fund in trust for the government under I.R.C. § 7501 and are the
• In re Allbrand Appliance & Television Co., Inc. v. Caloric Corp.
  875 F.2d 1021· 2d Cir.· 1989-05-17 ·cited 4×
  Notice of an action served on a corporate subsidiary within the limitations period does not constitute notice to its parent company if the parent did not receive actual notice within that period.
• In re Smith-Douglass, Inc. v. Borden, Inc.
  842 F.2d 729· 4th Cir.· 1988-03-23 ·cited 4×
  Interest payments made on a promissory note within 90 days of bankruptcy are not avoidable preferential transfers if they fall within the ordinary course of business exception, as the debt for interest is incurred when it accrues, not when the note is signed.
• In re Conard Corp. & Virgil Conard v. Burton
  806 F.2d 610· 5th Cir.· 1986-12-24 ·cited 4×
  The court held that payments made by a third party assuming a debtor's obligation to a creditor, within 90 days of bankruptcy, constitute a preferential transfer recoverable by the trustee.
• United States v. Air Fla., Inc.
  56 B.R. 732· S.D. Fla.· 1985-12-03 ·cited 4×
  The court affirmed the bankruptcy court's judgment, holding that payments made by the debtor to the IRS constituted avoidable preferential and post-petition transfers because the funds were property of the estate and the IRS's tax liens were not properly perfected.
• In re Park Nursing Ctr., Inc. v. Samuels
  766 F.2d 261· 6th Cir.· 1985-07-05 ·cited 4×
  The constitutionality of Bankruptcy Rule 704(c)(1) does not depend on the availability of relief under Fed.R.Civ.P. 55(c) and 60(b).
• 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.
• Dwight R.J. Lindquist v. Metro. Bank Bloomington
  730 F.2d 1204· 8th Cir.· 1984-04-02 ·cited 4×
  The court held that the district court and bankruptcy court had subject matter jurisdiction, and the mortgage was a preferential transfer.
• Pennington v. Toyomenka, Inc.
  512 F.2d 1291· 5th Cir.· 1975-05-14 ·cited 4×
  The court held that the defendant did not transact business in Georgia sufficient to establish personal jurisdiction under the Long Arm Statute, as its contacts were limited to sending goods and receiving payment without a sufficient nexus to Georgia law.
• In re LAW Research Serv., Inc. v. Martin Lutz App. Printers, Inc.
  498 F.2d 836· 2d Cir.· 1974-05-02 ·cited 4×
  The court held that an assignment of an existing judgment is perfected upon execution and is not a preferential transfer under the Bankruptcy Act, even if filed later.
• In re IRA Haupt & Co. v. Charles Seligson in Bankr. of Ira Haupt & Co.
  424 F.2d 722· 2d Cir.· 1970-04-22 ·cited 4×
  Payments made for past services constituted voidable preferential transfers, but the creditor is entitled to a set-off for subsequent services rendered, the amount of which must be determined on remand.
• Adeline Frasch v. Wilson
  413 F.2d 69· 9th Cir.· 1969-06-03 ·cited 4×
  The court held that the referee abused his discretion by refusing to reconsider the issue of summary jurisdiction, especially when the order decreeing jurisdiction was entered without notice and an opportunity to be heard.
• Edwards & Deutsch Lithographing Co. v. Bankruptcy
  398 F.2d 1020· 10th Cir.· 1968-08-15 ·cited 4×
  The court held that the creditor had reasonable cause to believe the debtor was insolvent when preferential payments were made, based on the totality of circumstances.
• In re IRA Haupt & Co. v. Charles Seligson in Bankr. of Ira Haupt & Co.
  390 F.2d 251· 2d Cir.· 1968-02-02 ·cited 4×
  The court held that for a Chapter XI petition filed under Section 321 in a pending bankruptcy, the 'date of adjudication' for the purpose of the statute of limitations is the actual date of adjudication, not the filing date of the Chapter XI petition.
• 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.
• Arnold M. Kravetz in Bankr. of M. F. C. Card, Inc. v. Joange Bldg. Corp.
  341 F.2d 561· 2d Cir.· 1965-02-16 ·cited 4×
  The court held that the facts known to the defendant provided reasonable cause to believe the debtor was insolvent at the time of the transfer, and the auction bid was sufficient to establish the value of the transferred property.
• Abraham S. Robinson in Bankr. of R. Appel, Inc. v. Commercial Bank OF N. Am.
  320 F.2d 106· 2d Cir.· 1963-07-08 ·cited 4×
  The court held that the evidence was sufficient to submit to the jury the question of whether the appellant had reasonable cause to believe the debtor was insolvent, and to support the jury's finding that it did.
• Eberly v. Dudley
  314 F.2d 8· 9th Cir.· 1962-12-11 ·cited 4×
  The court held that taking possession of after-acquired property within four months of bankruptcy, under a previously recorded chattel mortgage, constitutes a preferential transfer under the Bankruptcy Act if state law requires possession for perfection.
• Hughes v. Dash
  309 F.2d 1· 5th Cir.· 1962-10-23 ·cited 4×
  A limited partner may receive collateral security for a loan to the partnership if the partnership's assets are sufficient to cover its liabilities to non-partner creditors at the time of the transaction.
• Cal. Mercury Record Distribs., Inc. v. A. K. Phelps in Bankr. of Audio Fid., Inc.
  283 F.2d 261· 9th Cir.· 1960-10-13 ·cited 4×
  The court held that the taking of records constituted a voidable preference and conversion, but remanded for correction of a finding regarding a debt owed by the bankrupt.
• Superior Mfg. Corp. v. Hessler
  267 F.2d 302· 10th Cir.· 1959-05-26 ·cited 4×
  The court held that an amended petition in bankruptcy, filed after the statutory four-month period, relates back to the original filing date if it clarifies or amplifies the same cause of action attempted to be pleaded initially. The court also held that the referee did not abuse
• Williams v. Ahrenholz
  108 So. 2d 304· Fla. 3d DCA· 1959-01-15 ·cited 4×
  The appellate court reversed the lower court's dismissal of an equity action where plaintiffs sought rescission and accounting after a real estate development deal fell through. The court held that while the complaint contained conclusory allegations, it sufficiently stated claim
• Rena C. LEO v. L & M Realty Corp.
  228 F.2d 89· 4th Cir.· 1955-12-06 ·cited 4×
  A preferential payment to a bank by an insolvent corporation, where the bank's debt was indorsed by two shareholders who also had independent claims against the corporation, constitutes an act of bankruptcy and is reversible if it prejudices other creditors, particularly the esta
• W. S. Walker in Bankruptcy of the Estate of Harvey J. Hall, Jr. v. Clinton State Bank
  216 F.2d 165· 8th Cir.· 1954-11-04 ·cited 4×
  The court held that the bank's actions in releasing and accepting substituted security notes did not constitute a fraudulent transfer, and the bank's offsetting of deposits against the bankrupts' account was permissible.
• Pearson v. Rapstine
  203 F.2d 313· 5th Cir.· 1953-04-10 ·cited 4×
  The court held that a state court decree foreclosing a chattel mortgage is binding on a bankruptcy trustee if the lien was not obtained within four months of bankruptcy and is not otherwise a voidable preference.
• Quittner v. Los Angeles Steel Casting Co.
  202 F.2d 814· 9th Cir.· 1953-03-13 ·cited 4×
  A creditor who advanced money to a corporation prior to its assignment for the benefit of creditors cannot use that advance as a defense against the trustee's claim for goods shipped by the assignee after the assignment, even if the assignee continued the original contract.
• Wohlschlaeger v. Duncan
  157 F.2d 933· 8th Cir.· 1946-12-05 ·cited 4×
  The court held that the debtor committed an act of bankruptcy by making a general assignment for the benefit of creditors, even if the assignment was not fully effective.
• Beall v. Pinckney
  132 F.2d 924· 5th Cir.· 1943-01-15 ·cited 4×
  Summary judgment was proper against defendants who admitted facts, but not against a defendant whose interest was not conclusively established by those admissions.
• Gray v. Manklow (In Re Optical Techs.
  252 B.R. 531· M.D. Fla.· 2000-07-27 ·cited 3×
  The appellate court affirmed the bankruptcy court's grant of summary judgment, finding no genuine issues of material fact regarding de facto merger or control, and affirmed the denial of the motion to vacate the judgment.
• Gass v. Friedman (In re Martec Corp.)
  S.D. Fla.· 1994-06-02 ·cited 3×
  The court affirmed the bankruptcy court's judgment regarding preferential and fraudulent transfers of property but vacated and remanded the judgment against the garnishee bank because a third party claimed ownership of the garnished accounts and was entitled to a jury trial.