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11th Cir. – Insurance Broker was not “initial transferee” under § 550(a)(1)

By Scott Riddle on March 21, 2006
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In an opinion entered February 27, 2006, the Eleventh Circuit Court of Appeals held that an insurance broker was not an “initial transferee” of a preferential transfer made by the debtor to cover a dishonored check previously issued to the creditor.  Therefore, the debtor could not recover a preferential transfer from the creditor.

Andreini & Co. v. Pony Express Delivery Company, 2006 U.S. App. LEXIS 4938 (11th Cir. 2006). Andreini was a insurance broker who arranged for insurance coverage for its clients, and billed them for the premiums due on the policies. Pursuant to state law, the client payments were deposited in a trust account, then remitted to the insurance carrier.  Pony Express was a client of Andreini.  In early 2000, Andreini sent Pony Express several notices for premiums due on workers compensation insurance policies, due May 18 and June 1, 2000. On May 22, 2000, Andreini received a check from Pony Express in the amount of $310,422, the full amount of the premiums, which Andreini deposited in its client trust account. The following day, prior to the check clearing the bank, Andreini issued several checks from its trust account to Pony Express’ insurance carriers as the premiums were either overdue or due in less than a week.  Unbeknownst to Andreini, Pony Express was experiencing serious financial problems and its check to Andreini was returned for insufficient funds. On June 12, 2000, Pony Express wire transferred $310,422 to Andreini’s client trust account to cover the premiums. On June 14, 2000, Pony Express filed a Chapter 11 petition.

   

Photo of Scott Riddle Scott Riddle

Scott Riddle has over thirty years’ experience in Bankruptcy and business and real estate litigation and has represented individuals and businesses throughout Georgia and several other states. Scott graduated from The University of North Carolina at Chapel Hill with a BSBA in 1987…

Scott Riddle has over thirty years’ experience in Bankruptcy and business and real estate litigation and has represented individuals and businesses throughout Georgia and several other states. Scott graduated from The University of North Carolina at Chapel Hill with a BSBA in 1987 and received his JD, with honors, in 1991 from the UNC School of Law. After graduation from law school, Scott served as a judicial law clerk for Judge W. Homer Drake, Jr., United States Bankruptcy Judge for the Northern District of Georgia. He then spent several years in the Bankruptcy and litigation sections of a large international law firm based in Atlanta prior to starting his own firm.

Scott is admitted to practice before the Supreme Court of Georgia, Georgia Court of Appeals, Eleventh Circuit Court of Appeals, and U.S. District and Bankruptcy Courts for the Northern, Middle and Southern Districts of Georgia. He has also been admitted to practice pro hac vice in the courts of several other states.

Scott has spoken at several continuing education seminars, and in the community, has been a member of the Kiwanis Club, Buckhead Business Association, Rotary Club and North Point Community Church. He has been cited in several publications, including the Wall Street Journal Online, Atlanta Journal-Constitution, Atlanta Business Chronicle, Fulton County Daily Report, and CNN.com. Scott is a member of the State Bar of Georgia (Bankruptcy and Litigation Sections), served several terms on the Board of Directors of the Bankruptcy Section of the Atlanta Bar Association, and is a member of the Georgia Chapter of the Turnaround Management Association and the American Bankruptcy Institute.

Away from the office, Scott is very active in his community. In addition to volunteering with local charities, Scott has participated and led mission and relief trips to orphanages in Russia and Romania, conducted English camps in Romania and Poland, participated in earthquake relief projects in Haiti, and participated in, and helped organize, an earthquake relief trip to Chile. He also supports Lighthouse Family Retreats, and participates in weekend retreats for children suffering from cancer and their families.

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  • Posted in:
    Bankruptcy
  • Blog:
    Georgia Bankruptcy Blog
  • Organization:
    The Law Office of Scott B. Riddle
  • Article: View Original Source

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