By Scott Riddle Posted in Eleventh Circuit Cases,Northern District CasesIn Auriga Polymers, Inc. v. PMCM2, LLC, as Liquidating Trustee, No. 20-14647, 2022 WL 2800195 (11th Cir. July 17, 2022) (click here for .pdf) the creditor, Auriga, received transfers of more than $2.2 million in the 90 days before the Debtor, Beaulieu Group, LLC, filed its Bankruptcy case on July 16, 2017. During the 90… Continue Reading
By Scott Riddle Posted in Georgia State Cases,Middle District CasesIn Georgia, does a judgment lien attach to real property as of the date the judgment was entered or as of the date and time the writ of fieri facias on that judgment is properly recorded in the county records, as required under Georgia law? The Supreme Court of Georgia answered this question in Synovus… Continue Reading
By Scott Riddle Posted in Northern District CasesIn Howell v. U.S. Foods, Inc., Ch. 7 Case No. 11-13160, Adv. Proc. No. 13-1054, 2014 Bankr. LEXIS 681 (Bankr. N.D. Ga. Feb. 5, 2014) (click here for .pdf of Order), the individual debtor owned and managed a restaurant incorporated as Bilbo’s Bar-B-Que, Inc. However, the Trustee alleged that the Debtor operated the business as… Continue Reading
By Posted in Miscellaneous CasesBy: Scott B. Riddle, Esq. Bob Eisenbach at the Business Bankruptcy Blog summarizes the 9th Circuit case of Sigma Micro Corp. v. Healthcentral.com, No. 04-17565 (9th Cir. Sep. 21, 2007), which involves the right to a jury trial in a preference action. Although the issue at hand involves the interpretation of a local rule in California, Bob provides… Continue Reading
By Posted in Miscellaneous CasesHechinger Investment Company of Delaware, Inc. v. Universal Forest Products, Inc., Nos. 06-2166, 06-2229, 2007 U.S. App. LEXIS 13155 (3rd Cir. June 7, 2007). The issue was whether preferential transfers may be protected by the contemporaneous exchange defense of §547(c)(1). Bob Eisenbach comments on the case at the Business Bankruptcy Blog, so I will just… Continue Reading
By Posted in Miscellaneous CasesBy: Scott B. Riddle, Esq. Bob Eisenbach at the Business Bankruptcy Blog discusses the case of Wood v. Stratos Product Development, LLC (In re Ahaza Systems, Inc.), 2007 U.S.App. LEXIS 7607 (9th Cir. April 3, 2007), wherein the Ninth Circuit held that even first-time transactions between the parties can come within the ordinary course defense… Continue Reading
