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Opinion 236

Case Name: 

Wilkins v. Union Bank (In re Irving Fin. Corp.)

Judge: 
Judge Clark
Date: 
Jul-20-1987
Case Number(s): 
85PC-0181
Status: 

UNPUBLISHED

Body: 

Chapter 11 debtor pledged collateral to defendant bank based on bank's loan to debtor's subsidiary. Later, debtor sold the collateral and used the proceeds to pay off the loan. Chapter 11 trustee filed adversary complaint against bank, claiming the fund transfer from debtor was either a preference under 11 U.S.C. § 547 or a fraudulent conveyance under 11 U.S.C. § 548(a)(2). The court held that the payment was not a preference because bank had a perfected security interest in the collateral that was sold, and granted bank's motion for summary judgment on that issue. With respect to the fraudulent transfer claim, the court noted that transfers that solely benefit third parties generally are not considered supported by reasonably equivalent value, but that the indirect benefit exception precludes avoidance when debtor received the benefit of the transaction, despite third party participation. The court concluded that debtor's 80% ownership of the borrower raised issues of fact with respect to the quantity and nature of any indirect benefit debtor received from the transactions with bank. Accordingly, bank's motion for summary judgment was denied with respect to trustee's § 548 claim.

Internal Ref: 
Opinion 236
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