You are here

Judge Timothy J. Mahoney (Retired)

Richard Myers v. Security National Bank (In re Rine & Rine Auctioneers, Inc.), A94-8040, BK92-80770, Ch. 7 (summary judgment)

Preference action. Summary judgment granted in part after an extensive discussion of what constitutes an insider for purposes of 11 U.S.C. section 547(b). Summary judgment denied as to the remaining elements because material factual issues exist

Rick D. Lange, Chap. 7 Trustee v. Inova Capital Funding, LLC, et al. (In re Qualia Clinical Serv., Inc.), Ch. 7, BK09-80629-TJM, A09-8041-TJM

The debtor's full-recourse "sale" of accounts receivable was actually a financing arrangement because the debtor bore the risk of uncollectibility. The creditor perfected its lien within the preference period, so the transfer was avoidable.

Richard Myers v. Douglas County Bank & David Huddle (In re Rine & Rine Auctioneers, Inc.), A93-8098, BK92-80770, Ch. 7

Trustee could not recover an alleged preference because the debtor (an auction company) and its customer had a principal-agent relationship. The auction proceeds were held by the debtor as agent for the owner; they did not become property of the debtor

Rick D. Lange, Ch. 7 Trustee v. Liberty Alliance Fed. Credit Union (In re Jessica Sides), Ch. 7, BK08-40423-TJM, A08-4021-TJM

Under Nebraska law, possession of a vehicle & the documents of its sale constitute ownership. Here, the lien notation on the title was a preference, despite the lienholder's argument that the debtor didn't obtain ownership until the title was issued.

Pages

Subscribe to RSS - Judge Timothy J. Mahoney (Retired)