In re Vaughn

3 Citing cases

  1. In re Berndt

    No. 17-32856 (Bankr. N.D. Ohio Jun. 24, 2021)

    See, In re Wilkinson, 196 Fed.Appx. at 343 (recognizing a reduction in debt is sufficient to establish equivalent value); In re Southeast Waffles, LLC, 702 F.3d at 857. See also, For Your Ease Only, Inc. v. Calgon Carbon Corp., 560 F.3d 717, 722 (7th Cir. 2009)(brother-in-law's three years of labor to create business with retailer was reasonably equivalent value of business that labor created); Parris v. Union Plants Bank of Ky. N.S., (In re Vaughn), 244 B.R. 631, 634 (Bankr. W.D. Ky. 2000)("[T]he record is devoid of any facts that would support a finding that the farming services Debtor received from [Defendant] was 'less than [the] reasonably equivalent value' of the transfer at issue."). Cf. Reed v. Genter (In re Genter), 2021 WL 1112538, at *6, 2021 Bankr. LEXIS 720, at **17-18 (Bankr. N.D. Tex. Mar. 23, 2021)(court found, in part, that debtor received less than a reasonably equivalent value for transferring title to a 1963 Chevrolet Impala SS in exchange for satisfying defendant's right to payment for cleaning and repair services, which defendant valued at $2,400.

  2. Dymarkowski v. Berndt (In re Berndt)

    Case No. 17-32856 (Bankr. N.D. Ohio Jun. 24, 2021)

    See, In re Wilkinson, 196 F. App'x at 343 (recognizing a reduction in debt is sufficient to establish equivalent value); In re Southeast Waffles, LLC, 702 F.3d at 857. See also, For Your Ease Only, Inc. v. Calgon Carbon Corp., 560 F.3d 717, 722 (7th Cir. 2009)(brother-in-law's three years of labor to create business with retailer was reasonably equivalent value of business that labor created); Parris v. Union Plants Bank of Ky. N.S., (In re Vaughn), 244 B.R. 631, 634 (Bankr. W.D. Ky. 2000)("[T]he record is devoid of any facts that would support a finding that the farming services Debtor received from [Defendant] was 'less than [the] reasonably equivalent value' of the transfer at issue."). Cf. Reed v. Genter (In re Genter), 2021 WL 1112538, at *6, 2021 Bankr. LEXIS 720, at **17-18 (Bankr. N.D. Tex. Mar. 23, 2021)(court found, in part, that debtor received less than a reasonably equivalent value for transferring title to a 1963 Chevrolet Impala SS in exchange for satisfying defendant's right to payment for cleaning and repair services, which defendant valued at $2,400.

  3. Gordon v. Sturm (In re M2Direct, Inc.)

    282 B.R. 60 (Bankr. N.D. Ga. 2002)   Cited 10 times   1 Legal Analyses
    Holding that a transfer from a debtor to an outside lender that benefits an insider guarantor is a preference if it is made within one year before bankruptcy

    The new ยง 550(c) was intended to override the Deprizio line of cases and clarify that noninsider transferees should not be required to return payments made beyond the 90-day statutory period. Parris v. Union Planters Bank ofKy. et al. (In re Vaughn), 244 B.R. 631, 633 (Bankr. W.D. Ky. 2000) (citing H.R. Rep. 103-835, 103rd Cong., 2nd Sess. 19-20 (Oct. 4, 1994); 140 Cong. Rec. H10767 (Oct. 4, 1994)). See also S. REP. No. 103-168, at 48 (1993) and H.R. REP. NO. 103-835, at 44-45 (1994).