11 U.S.C. § 101

Section 101(54)’s definition of transfer applies to objections to discharge under § 727.

Groman v. Watman (In Re Watman) · filed 2002-08-20(54)

As we have previously held, the definition of transfer under 11 U.S.C. § 101(54) applies in the context of § 727.

Section 101(54)’s definition of transfer does not cover an affidavit that merely explains a mistakenly recorded release without disposing of an interest in property.

MacLeod v. Suntrust Bank (In Re Henderson) · filed 2002-10-22(54)

Transfer is defined in the bankruptcy code as “every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or with an interest in property, ...” 11 U.S.C. § 101(54). The Affidavit served only to inform interested parties that the Release was mistakenly entered. The Affidavit did not purport to, nor did it serve to transfer an interest or revive a lapsed interest of the Bank.

Section 101(54) defines transfer to include using savings to pay down a mortgage on an exempt homestead.

Bank of Oklahoma, N.A. v. Boudrot (In Re Boudrot) · filed 2002-12-18(54)

As the term is defined in the Bankruptcy Code this transaction constituted a transfer of assets.

Section 101(54) defines a transfer broadly enough to include using a debtor’s funds to pay another person’s debt.

Hopkins v. D.L. Evans Bank (In Re Fox Bean Co.) · filed 2002-12-26(54)

11 U.S.C. § 101(54) defines “transfer” to include “every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or with an interest in property....” ... Under the facts of this case, where the Debtor’s funds were used by Defendant to pay the debt of another, it is clear a transfer occurred for purposes of § 548.

Section 101(54) treats retaining title as security for payment as a transfer.

Lubman v. Wells (In Re Wells) · filed 2003-02-14(54)

Accordingly, the court identifies the res in this case as the legal title to Trailer City Lots. It was to be retained by debtors until Eddie Wells paid all of the agreed price for the property. This shall be considered a transfer to retain security interest according to the broad definition of 11 U.S.C. § 101(54).

Section 101(54) defines transfer to include deposits into bank accounts.

Locke v. Schafer (In Re Schafer) · filed 2003-05-14(54)

There is no ambiguity around the definition of transfer, deposits in bank accounts clearly qualify.

Section 101(54)’s definition of transfer does not cover a debtor’s leaving collateral for secured creditors to reclaim when a landlord later disposes of it unilaterally.

Heer v. Scott (In Re Scott) · filed 2003-06-16(54)

Circumstances indicate that debtor did not “part” with these items, as the term is defined at § 101(54).

Section 101(54)'s definition of transfer covers wage garnishment payments but does not determine whose property interest the payments conveyed.

Mangan v. Hong Kong Shanghai Banking Corp. (In re Flanagan) · filed 2003-08-05(54)

The fact that federal law defines “transfer”... only leads to the conclusion that the Payments here were “transfers” from one entity to another, it does nothing to help answer the question of what and/or whose property interests were being transferred via the Payments.

A court order revoking a mortgage satisfaction that was void from the outset does not transfer an interest in the debtor's property.

Manufacturers & Traders Trust Co. v. Walsh (In Re Burkett) · filed 2003-07-24(54)

It follows from this gloss of the decretal portion of the order of August 7, 2002, that no transfer of an interest of debtors in the farm occurred when the recording of the satisfaction and release of mortgage 4 was revoked and stricken.

Section 101(54) treats the creation of a lien on a debtor’s property as a transfer of that property.

In Re Western Asbestos Co. · filed 2003-10-31(54)

The creation of a lien on the debtor’s property effects a transfer of the debtor’s property. See 11 U.S.C. § 101(54).

Section 101(54) does not treat the correction of records that mislabeled capital contributions as loans as a transfer when the debtor parted with no property interest.

Kaler v. Remily (In Re Remily) · filed 2004-01-22(54)

The Court is not convinced the Debtor disposed of or parted with property or with an interest in property in reclassifying the loans as stock. See 11 U.S.C. § 101(54). In other words, there was no transfer, and the trustee’s claim under section 548(a)(1) fails.

Section 101(54) includes the creation of claimed judicial liens against a debtor’s interest in a land trust within its definition of a transfer.

McGuane v. Everest Trading, LLC (In Re McGuane) · filed 2004-02-26(54)

The claimed judicial liens by the service of the copies of the two judgments constitute a transfer under § 101(54) of an interest in the Debtor’s property for the benefit of Everest.

Section 101(54) includes a recorded lis pendens that encumbers property within its definition of a transfer.

Rice v. First Arkansas Valley Bank (In Re May) · filed 2004-05-10(54)

The Code defines “transfer” as “every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or with an interest in property, including retention of title as a security interest and foreclosure of the debt- or’s equity of redemption.” 11 U.S.C. § 101(54). ... The recording of lis pendens on both properties at issue constitute a transfer of some interest in property, since at a minimum, such recording operates to encumber property and detract from the rights of the property owner.

Section 101(54) defines a transfer to include the grant of a security interest.

Biase v. Congress Financial Corp. (In re Tops Appliance City · filed 2004-06-21(54)

We therefore find that the transfer of the proceeds from the sale of the leases occurred on the date of the closing, on October 29, 1999, and therefore fell outside the preference period.

Section 101(54) defines a transfer to include the grant of a security interest.

Biase v. Congress Financial Corp. (In re Tops Appliance City, Inc.) · filed 2004-06-21(54)

It should be noted that there is no doubt that the term transfer includes the granting of a security interest.

Section 101(54)’s definition of transfer covers moving funds from a savings account into a 401(k) plan when the debtor’s rights in the funds change.

Barber v. Dunbar (In Re Dunbar) · filed 2004-08-19(54)

Accordingly, the Court concludes that the remittance of funds from the DEBTORS’ savings account to JAMES’ 401(k) plan was a “transfer” for purposes of Section 548(a)(1).

Section 101(54) defines a transfer to include every mode of parting with property or an interest in property, whether direct or indirect, absolute or conditional, or voluntary or involuntary.

Williams v. Mortillaro (In Re Resource, Recycling & Remediation, Inc.) · filed 2004-09-01(54)

The transfer from debtor to Ink Solutions undoubtedly qualifies as a “transfer” for purposes of § 550(a). Every mode, whether it be direct or indirect, absolute or conditional, or voluntary or involuntary, of parting with property or an interest in property constitutes a transfer for purpose of the provisions of the Bankruptcy Code. 11 U.S.C. § 101(54).

Section 101(54) defines transfer broadly enough to include an assignment of a beneficial interest in a land trust.

Cohen v. Olbur (In Re Olbur) · filed 2004-10-01(54)

The Code defines transfer “broadly,” ... to include “every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or with an interest in property.” 11 U.S.C. § 101(54). Under this definition, one Congress intended to be “as broad as possible,” ... Olbur’s disposition of his beneficial interest through an assignment to his wife and son was a “transfer.”

Section 101(54)’s definition of transfer places an ordinary check’s transfer date when the drawee bank honors it.

In Re Dybalski · filed 2004-09-28(54)

While Barnhill dealt specifically with § 547(b)’s preference period, its “date of honor” rule logically and necessarily applies with equal force here. Thus, the Court must conclude that the Transfers from the Debtors’ checking account occurred post-petition.

Section 101(54) defines a transfer to include a debtor’s release of claims, because the release gives up the right to pursue them.

E2 Creditors' Trust v. Farris (In Re E2 Communications, Inc.) · filed 2004-12-02(54)

For the reasons set forth below, the Court is not persuaded by these arguments and concludes that the release of claims provided by § 11(a) of the CRA is itself a transfer of property of the estate that is subject to being avoided under applicable law. The Court’s analysis under federal law begins with the broad definition of “transfer” in § 101(54) of the Bankruptcy Code.

Section 101(54) does not treat a deposit into a revocable Totten trust account as a transfer when the debtor retains control of the funds.

In Re Arsenault · filed 2004-12-16(54)

Accordingly, the Court concludes that the Debtor has not made any transfer of the Award within the meaning of section 101(54) of the Bankruptcy Code.

Section 101(54)’s definition of transfer includes an irrevocable allocation of a debtor’s interest in pension plan surplus to increased benefits.

Pension Transfer Corp. v. Beneficiaries Under the Third Amendment to Fruehauf Trailer Corp. Retirement Plan No. 003 · filed 2005-01-07(54)

Section 101(54) of the Bankruptcy Code defines “transfer” to mean “every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or with an interest in property....” 11 U.S.C. § 101(54). ... The Court finds that in adopting the Third Amendment, Fruehauf made an irrevocable election to allocate a portion of the Plan’s surplus to the Cash Balance Benefit and to the Pension Thaw. Thus, the Court concludes that the irrevocable election to increase pension benefits under the Third Amendment constituted a “transfer” within the meaning of Section 548(a).

Section 101(54) treats the grant of a mortgage as a transfer of an interest in property, separate from payment to the prior lender.

Gold v. Interstate Financial Corp. (In Re Schmiel) · filed 2005-01-20(54)

When the Debtors granted Interstate a mortgage on the Truwood property, they transferred an interest in that property to Interstate. Therefore, there were two transfers of property in this case: the payment of funds to Wells Fargo and the grant of the mortgage to Interstate.

Section 101(54) defines a transfer broadly enough to include interest payments that deplete estate assets in favor of the payee.

Devan v. Phoenix American Life · filed 2005-02-23(54)

Under the Bankruptcy Code, a "transfer" is defined broadly as "every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or with an interest in property." 11 U.S.C. § 101(54). ... In these circumstances, the Interest Payments constituted "transfer[s]" under the Statute, because they decreased the value of MGRE’s estate by disposing of the estate’s property in favor of Phoenix American.

Section 101(54) defines a transfer broadly enough to include a voluntary surrender of property rights.

In Re Robotic Vision Systems, Inc. · filed 2005-03-04(54)

Under the statutory definition of the term, the voluntary surrender of the Disputed Technology that was used and useful in the operation of the Debtor’s SEG Division (according to the Objection filed by GSIL) was a transfer under the Bankruptcy Code.

Section 101(54) defines transfer broadly enough to include recording a mortgage that is invalid under state law when the debtors part with an interest in their property.

Givens v. Countrywide Home Loans, Inc. (In Re Jarosz) · filed 2005-03-28(54)

In light of (1) the broad definition of transfer; (2) the provision of a date for unperfected transfers in § 547(e); (3) the absence of relevant authority to the contrary; and (4) the precedent under the old Bankruptcy Act, this court concludes that the recordation of the invalid mortgage constituted a transfer of the Debtors’ interest in property under § 547(b) of the Bankruptcy Code.

Section 101(54) defines transfer broadly enough to include retaining and using tax refunds that belong to a bankruptcy estate.

Levine v. Telco Systems, Inc. (In Re World Access, Inc.) · filed 2005-04-22(54)

The Bankruptcy Code defines transfer as “every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or with an interest in property.” 11 U.S.C. § 101. Under this broad definition, Telco’s retention and use of the tax refunds for its corporate use constituted a “transfer”.

Section 101(54) defines “transfer” to include a debtor’s forgiveness of a debt owed to it.

Grochocinski v. Reliant Interactive Media Corp. (In Re General Search.com) · filed 2005-04-12(54)

The Court finds that the reduction of the $200,000.00 balance due under the Notes constitutes a transfer of an interest of the Debtor in property under the definitions set forth above.

Section 101(54) defines transfer broadly enough to include buying property with one’s own money and titling it in another person’s name.

Vermillion State Bank v. DeLong (In Re DeLong) · filed 2005-04-21(54)

11 U.S.C. § 101(54) of the bankruptcy code defines “transfer” as “every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or an interest in property.” In this case, appel-lee purchased a trailer with his own money and entered his girlfriend’s name on the title. Clearly, this fits within the bankruptcy code’s “broad” definition of a “transfer.”

Section 101(54) defines transfer broadly enough to include a postpetition transfer related to a prepetition transaction.

Leonard v. Optimal Payments Ltd. (In Re National Audit Defense Network) · filed 2005-06-23(54)

But the definition of transfer is also quite broad. ... The fact that the transfer relates to a prepetition transaction, however, does not alter its character as a postpetition event.

Section 101(54) treats the creation of a security interest as a transfer.

In Re Jeans · filed 2005-06-28(54)

The creation of a security interest is a transfer for purposes of the Bankruptcy Code. 11 U.S.C. § 101(54).

Section 101(54) covers transfers of partial property interests and transfers without a change of possession.

In Re Purchasepro. Com, Inc. · filed 2005-06-29(54)

This definition is broad and covers not only the everyday buying and selling of goods, but also the transfer of a partial interest or a transfer that is not accompanied by a change of possession.

Section 101(54) defines a transfer broadly but gives no rule for determining where it took place.

Florsheim Group Inc. v. USAsia International Corp. (In Re Florsheim Group Inc.) · filed 2005-09-30(54)

A “transfer” is “every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property.” 11 U.S.C. § 101(54). However, the definition of “transfer” provides no guidance on how to determine where the transfer took place.

Section 101(54) does not treat a guaranty as a transfer when it gives the creditor a right to sue but no interest in the debtor’s property.

In Re Asia Global Crossing, Ltd. · filed 2005-11-15(54)

It did not grant 360networks any interest in or right to Asia Global’s property. As such, it was an “obligation” rather than a “transfer” within the meaning of § 101(54).

Section 101(54)'s definition of transfer excludes setoffs, which are more akin to obligations.

Campos v. Wells Fargo Bank, N.A. · filed 2005-12-01(54)

... the court finds that a set off is more akin to an obligation than a transfer.

Section 101(54) treats a debtor’s grant of a mortgage as a transfer of an interest in property; a lender’s disbursement of loan proceeds to someone else is not a direct transfer of the debtor’s interest.

Yoppolo v. Tallini (In re Tallini) · filed 2006-01-04(54)

To this end, the facts averred by the Trustee reveal two transfers: (1) one made from the Debtor to Key Bank, the mortgage; and (2) the transfer of proceeds from Key Bank to the Defendant. But of these, only the first, the one from the Debtor to Key Bank, can be construed as a direct “transfer of an interest of the debtor in property.”

Section 101(54)’s definition of transfer includes an assignment of a bankruptcy claim.

Enron Corp. v. Avenue Special Situations Fund II, LP (In Re Enron Corp.) · filed 2006-03-31(54)

The Bankruptcy Code defines transfer as "every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or with an interest in property....” 11 U.S.C. § 101(54). ... Thus, the law regarding a claim transfer in bankruptcy includes a claim assignment in its application.

Section 101(54) includes payments to investors in a Ponzi scheme within the definition of a transfer.

Rieser v. Hayslip (In Re Canyon Systems Corp.) · filed 2006-03-31(54)

Payments made to investors in a Ponzi scheme constitute “transfers” within the meaning of both § 101(54) of the Code and § 1336.01(L) of the Ohio UFTA.

A transfer under § 101(54)(D) includes an irrevocable allocation of a debtor's future interest in pension-plan surplus to increased employee benefits.

Pension Transfer Corp. v. Beneficiaries Under the Third Amendment to Fruehauf Trailer Corp. Retirement Plan No. 003 · filed 2006-04-12(54)(D)

The Bankruptcy Code defines "transfer" in the broadest possible terms: "each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or an interest in property." 11 U.S.C. § 101(54)(D). ... Because ERISA prohibited Fruehauf from decreasing or revoking those benefits, the District Court correctly concluded that the irrevocable allocation of part of the Company's future interest in the pension plan's surplus in the form of increased benefits was a "transfer" for purposes of the Bankruptcy Code.

Section 101(54) treats granting a deed of trust to secure a refinance as a transfer of property.

Hughes v. Wells (In Re Wells) · filed 2006-05-04(54)

The execution of a deed of trust to World Savings Bank for the refinance of the Hanover Property constitutes a transfer of Wells’ property.

Under § 101(54), cashing a check is a transfer when the bank honors it, even if the check was issued before the bankruptcy filing.

Sommers v. Katy Steel Co. (In re Contractor Technology, Ltd.) · filed 2006-05-11(54)

The terms defined in § 101 apply to all sections of Title 11. Thus, the Court finds that Barnhill is instructive in interpreting transfers under § 549. Regardless of whether a transfer occurs when a check is issued, a transfer occurs under § 549 when a check is cashed.

Section 101(54) defines transfer broadly to include a change in possession, custody, or control without a change in legal title.

Watman v. Groman (In Re Watman) · filed 2006-08-21(54)

Specifically, we questioned whether the bankruptcy court applied the correct definition of "transfer" in its analysis, noting that bankruptcy law defines "transfer" broadly to include a transfer of possession, custody, or control even if there is no transfer of legal title. ... Instead, Watman simply transferred by possession these assets of Childrens Dental to Lowell Dentistry. ... Given this finding, we conclude that Watman transferred the property of Childrens Dental to Lowell Property within the meaning of 11 U.S.C. § 727(a)(2)(A).

Section 101(54)’s definition of transfer applies to § 549, so a payment by check is transferred when the bank honors it.

Mukamal v. Enriquez (In Re RX Cardiovascular Specialties, Inc.) · filed 2006-09-15(54)

Since the definition of transfer in section 101(54) applies equally to 11 U.S.C. § 549, see Wittman v. State Farm Life Ins. Co. (In re Mills), 176 B.R. 924 (D.Kan.1994), this Court is bound by the Supreme Court’s ruling. Therefore, by virtue of the fact that the check was honored after the Petition Date, the Defendant did receive a post-petition transfer.

Under § 101(54), a transaction that does not cause the estate to dispose of or part with property is not a transfer of estate property.

In Re Grotjohn · filed 2006-11-15(54)

The transaction with Rabe did not result in the estate "disposing of or parting with" property and so was not ever a transfer of property of the estate. See 11 U.S.C. § 101(54).

Section 101(54) requires a disposition of or parting with property for a transaction to be a transfer of that property.

Reed v. Rabe · filed 2006-11-15(54)

The transaction with Rabe did not result in the estate "disposing of or parting with” property and so was not ever a transfer of property of the estate. See 11 U.S.C. § 101(54).

Section 101(54)’s definition of transfer does not include a New York lis pendens, which gives notice without creating a lien.

Perosio v. NBT Bank National Ass'n (In Re Perosio) · filed 2006-11-21(54)

As such, because this Court finds that NBT’s Us pendens is not a transfer in accordance with Section 101(54) of the Code as it applies to New York law, the Court need not address Appellants’ contention that the Us pendens is preferential under Section 547.

Section 101(54) defines transfer broadly enough to include procedures by which creditors could reach funds held in a trust.

Hill v. Dobin · filed 2006-12-04(54)

The Bankruptcy Code broadly defines “transfer” as “every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or with an interest in property, including retention of title as a security interest and foreclosure of the debt- or’s equity of redemption.” 11 U.S.C. § 101(54). Thus, “[a]ny procedure by which funds in [a trust] might be reached to satisfy the claims of creditors would seem to fall within this broad definition ----” Yuhas, 104 F.3d at 614 (citations and internal quotation marks omitted).

Under § 101(54)(D), a transfer by check occurs when the bank honors the check, not when the debtor delivers it.

In Re Todd · filed 2007-01-31(54)(D)

Accordingly, given the strong persuasive weight of all these points, it is concluded that the “date of honor” rule controls when determining the timing of “transfers” by check under 11 U.S.C. § 101(54). As such, the physical exchange of prepetition checks by the Debtor to both her insurance company and her bankruptcy attorney did not operate to deprive the estate, and hence the Trustee, of a superior interest in the funds represented by these two checks.

Section 101(54)'s definition of transfer encompasses transactions that reduce or extinguish valuable legal rights, including releases.

Schnelling v. Crawford (In Re James River Coal Co.) · filed 2007-02-08(54)

The phrase “transfer or incur obligations” found in § 548 of the Bankruptcy Code is used in the “most comprehensive” sense, and it is intended to include every means and manner by which property can pass from the ownership and possession of another. Any transaction that reduces or extinguishes valuable legal rights (such as the granting of a release) is subject to avoidance.

Section 101(54)(D) defines a transfer to include a debtor’s disclaimer of an inherited property interest.

Lowe v. Sanflippo (In Re Schmidt) · filed 2007-02-20(54)(D)

The plain language of the statute applies to what happened in this case — the debtor, post-petition, executed a disclaimer, thus purporting to part with an interest in property, to wit, her testamentary interest in her mother’s probate estate.

Section 101(54) treats the grant of a mortgage security interest as a transfer of the debtor’s interest in property.

George v. Argent Mortgage Co. (In Re Radbil) · filed 2007-02-27(54)

The granting of a security interest — here, the mortgage given to the creditor by the debtor — constitutes such a “transfer” of the debtor’s interest in property.

Section 101(54) treats a debtor’s grant of a mortgage security interest as a transfer of an interest in property.

George v. Guaranty Mortgage Co. (In Re Ljubic) · filed 2007-02-27(54)

The granting of a security interest — here, the mortgage given to the creditor by the debtor — constitutes such a “transfer” of the debtor’s interest in property.

Section 101(54) defines a transfer broadly enough to include rent payments.

Doctors Hospital of Hyde Park, Inc. v. Desnick (In Re Doctors Hospital of Hyde Park, Inc.) · filed 2007-03-02(54)

The Bankruptcy Code defines the term “transfer” to encompass a wide range of dispositions: “transfer” means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or with an interest in property, including retention of title as a security interest and foreclosure of the debtor’s equity of redemption. 11 U.S.C. § 101(54). ... Accordingly, all rent payments discussed here were “transfers.”

Section 101(54) defines a transfer to include the creation of a lien, so granting a mortgage is a transfer.

Grossman v. Madoff (In Re Fadili) · filed 2007-03-15(54)

The Trustee has met the first factor as the granting of a mortgage is a transfer. ... See also 11 U.S.C. § 101(54) (BAPCPA amendment clarifying that definition of transfer includes creation of lien).

Section 101(54)'s definition of transfer includes the filing of a transcript of judgment against a debtor’s property.

In Re Keenan · filed 2007-03-27(54)

For the purposes of this eonfirmation hearing only, the Court also finds that the judgment evidences an antecedent debt (the jury trial was on April 7, 2005); that the filing of the transcript of judgment was a “transfer” of the debtors’ property (see 11 U.S.C. § 101(54) (defining transfer)); the transfer was to or for the benefit of Mallon; the transfer was made within 90 days of the Debtors’ bankruptcy filing; and the transfer enabled Mallon to receive more than she would receive if the ease were a case under chapter 7, the transfer had not been made, and she received payment of her debt to the extent provided by the bankruptcy code.

Section 101(54) defines a transfer to include a conveyance of property by a trustee to another person.

Braunstein v. Grassa (In Re Grassa) · filed 2007-03-13(54)

Transfer is a defined term meaning “every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property; or with an interest in property©” 11 U.S.C. § 101(54) (pre-BAPCPA). Brauntein has adduced evidence that Carol Grassa, as trustee of the Grassa Family Realty Trust, conveyed the Property to Nicholas. This evidence is uncontroverted, and the defendants do not dispute that the property was transferred. Accordingly, this requirement of a transfer is satisfied.

Section 101(54) treats the creation of a security interest in property as a transfer.

Goodman v. Southern Horizon Bank (In Re Norsworthy) · filed 2007-05-08(54)

The creation of a security interest in property is considered a transfer for purposes of section 547(b).

Section 101(54)’s definition of transfer treats payment by ordinary check as a transfer when the drawee bank honors the check.

Rocin Liquidation Estate v. Pan American Life Ins. (In Re Rocor International, Inc.) · filed 2007-03-30(54)

Title 11 U.S.C. § 101(54) defines “transfer” as “every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or with an interest in property, including retention of title as a security interest and foreclosure of the debtor’s equity of redemption.” ... Accordingly, the Court will apply the “date of honor” rule to the facts of this case. ... The Court finds that the payment did not occur until July 24, 2002, when the check was honored by the drawee bank.

Section 101(54)(A) treats the grant of a security interest as a transfer.

Braunstein v. Gateway Management Services Ltd. (In Re Coldwave Systems, LLC) · filed 2007-05-15(54)(A)

The granting of the security interest to Gateway was a transfer under the terms of the Bankruptcy Code.

Section 101(54) defines “transfer” broadly enough to include wire transfers of a debtor’s money.

Morrissy v. Dereve (In Re Dereve) · filed 2007-06-04(54)

The term “transfer” under Section 727(a)(2) and Section 101(54) is to be broadly construed. ... Per the liberal interpretation of the term “transfer”, the Court finds that Ms. Morrissy has proven the first three elements of a Section 727(a)(2) violation.

Section 101(54) treats deposits from a debtor’s accounts at other banks as transfers of the debtor’s property.

Feltman v. City National Bank (In Re Sophisticated Communications, Inc.) · filed 2007-08-01(54)

As such, the movement of funds was not a transfer, but rather Debtor money going from one Debtor account at Gulf Bank to the other. Here, at least $690,934.65 in deposits of funds on July 20th came from different banks. These deposits from Debtor accounts at other banks were transfers of the Debtor’s property. See 11 U.S.C. § 101(54).

Section 101(54) broadly defines a transfer to include parting with an interest in property, including a security interest.

In Re GTI Capital Holdings, LLC · filed 2007-08-02(54)

The Bankruptcy Code's definition of "transfer" is very broad. A "transfer" is "every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or with an interest in property, including retention of title as a security interest and foreclosure of the debtor's equity of redemption." 11 U.S.C. § 101(54). ... Under these definitions, the creditor's funding of the loans to the Debtor on September 10, 2001, and the filing of the UCC-1's on July 17, 2002 were separate transfers.

A debtor’s acquisition of new collateral covered by an after-acquired property clause constitutes a new transfer.

QMECT, Inc. v. Burlingame Capital Partners, II, L.P. (In Re QMECT, Inc.) · filed 2007-08-08(54)

When a creditor’s collateral is accounts receivable and inventory, its collateral is regularly being dissipated through the operation of the debtor’s business, and new collateral of the same type is generated. Assuming the secured creditor’s security agreement has an after-acquired property clause, the debtor’s acquisition of each new collateral asset constitutes a new transfer.

Section 101(54) defines transfer broadly, but acquiring another person’s property interest without parting with one’s own property is not a transfer of the acquirer’s property.

Worster v. Gauvreau (In Re Gauvreau) · filed 2007-08-28(54)

We know that the Code’s definition of “transfer”—“each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or an interest in property”—is meant to be read as broadly as possible. ... When the Gauvreaus deeded Judith’s joint interest in the property to Albert, Albert relinquished nothing. He did not dispose of his property or part with any interest in it.

Section 101(54) includes a transfer of business assets to a debtor’s wholly owned corporation even when the debtor retains control and creditors can still reach the assets.

Emerging Vision, Inc. v. Sundstrom (In Re Sundstrom) · filed 2007-08-30(54)

Nevertheless, the transfer of ownership, even without diminution of assets available to a creditor, and certainly without loss of control by the debtor, appears to meet the expansive bankruptcy definition of “transfer.” ... While a “transfer” within the meaning of the Code clearly occurred within one year prepetition in this case, the definitive issue for the court is whether the circumstances surrounding that transfer are sufficient to find the requisite intent on the part of the debtors to hinder, delay or defraud the plaintiff or other creditors.

Section 101(54) includes the creation of a security interest in property within the definition of a transfer.

Moser v. JP Morgan Chase Bank, N.A. (In Re Brown) · filed 2007-10-02(54)

The creation of a security interest in property is considered a transfer for purposes of § 547(b) of the Bankruptcy Code.

Section 101(54)(D) defines a transfer as disposing of or parting with property or an interest in it; a debtor who gains an interest without parting with his own does not transfer his property.

Worster v. Gauvreau · filed 2008-01-07(54)(D)

The Code defines “transfer” as including: “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with—(i) property; or (ii) an interest in property.” 11 U.S.C. § 101(54)(D). Nonetheless, as stated by the Bankruptcy Court, even the most liberal interpretation of “transfer” would not support a denial of discharge. Here, Albert did not dispose or part with an interest in his property. Rather, Albert increased the interest in his property by becoming the sole holder of the property. Thus, the quitclaim deed does not amount to a transfer of his property sufficient to deny him a discharge under § 727(a)(2).

Section 101(54) defines transfer broadly, but placing equipment at another gym did not establish a transfer to the gym’s owner.

Brillon v. Walden (In Re Walden) · filed 2008-01-08(54)

The term “transfer” is defined in the Bankruptcy Code as follows: ... 11 U.S.C. § 101(54). Generally, this definition is intended to be interpreted as broadly as possible. ... There is no evidence, however, that the equipment has been transferred to McNally within the meaning of the Bankruptcy Code.

Under § 101(54), monthly payments made under binding promissory notes are not separate transfers when the debtor incurred the obligation by entering into the notes.

Wells v. Sleep (In Re Michigan MacHine Tool Control Corp.) · filed 2008-01-31(54)

11 U.S.C. § 101(54)(emphasis added). Under either definition of “transfer”, the only “transfer” in the case at bar occurred in March, 1998. ... Because the monthly payments made by Debtor to Defendants were made pursuant to valid and binding contracts entered into in 1998, the payments are not separate “transfers” as defined by Michigan law or the Bankruptcy Code.

Section 101(54) treats the creation of a mortgage lien as a transfer; a later foreclosure verdict does not itself effect another transfer.

Funches v. Household Finance Consumer Discount Co. (In Re Funches) · filed 2008-02-05(54)

By definition, the foreclosing mortgagee already has a lien against the property being foreclosed. As such, the entry of a non-jury verdict in a foreclosure action does not effect a further transfer of the mortgagor’s interest in the mortgage property.

Section 101(54)(D) includes involuntary dispositions of lease and purchase-option interests within the definition of transfer.

Banks Auto Parts, Inc. v. Banks Investments I, LC (In Re Banks Auto Parts, Inc.) · filed 2008-02-12(54)(D)

An involuntary disposition of the Debtors' property interests in either the 2002 Lease or the Land Purchase Option would constitute a transfer within the meaning of the Bankruptcy Code. See 11 U.S.C. § 101(54)(D).

Section 101(54) defines “transfer” to include dispositions of property interests but not contractual promises of future payment.

Morris v. St. John National Bank · filed 2008-02-22(54)

Though encompassing a wide array of modes of disposition of property interests, this definition does not, by its terms, cover contractual promises to future payments.

Section 101(54)’s definition of transfer includes a debtor’s waiver of an NOL carryback in exchange for the right to use the loss on future tax returns.

Kapila v. United States (In Re Taylor) · filed 2008-04-10(54)

By executing the waiver, the Debtor traded his right to a present refund for the right to carry the NOL forward, and as a result, the IRS was no longer required to pay what would be otherwise due under the NOL carryback. The Debtor’s waiver operated as a matter of law as a transfer of property to the United States.

Section 101(54)’s definition of transfer does not include recording a mortgage.

Peterson v. Berg (In Re Berg) · filed 2008-04-10(54)

According to 11 U.S.C. § 101(54), “ ‘transfer’ means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or with an interest in property, including retention of title as a security interest and foreclosure of the debt- or’s equity of redemption.” The recording of a mortgage does not fall within this definition.

Section 101(54) treats a debtor’s grant of a mortgage as a transfer of property.

In re: Gruseck v. · filed 2008-04-16(54)

In one respect CIT is correct: the transfer of Debtor’s real property took place when the Debtor gave CIT a mortgage on the property on May 6, 2002.

Section 101(54) defines “transfer” to exclude a valid setoff.

Comer v. United States Social Security Administration (In Re Comer) · filed 2008-04-18(54)

The term “setoff” is omitted from the definition of transfer in 11 U.S.C. § 101(54).

Section 101(54) defines a transfer broadly enough to cover a debtor’s disposition of accounts receivable whether the transaction is a sale or a loan.

Straightline Invest v. Aalfs · filed 2008-05-07(54)

“A ‘transfer’ is broadly defined by the Code as ‘every mode, direct or indirect, absolute or conditional, voluntary or ... involuntary, of disposing of or parting with property or with an interest in property . . . .’ ” Id. (quoting 11 U.S.C. § 101(54) (1994)). Therefore, regardless of whether we char- acterize the transaction between Straightline and Aalfs as a sale or a loan, it constituted a “transfer” under the Bankruptcy Code.

Section 101(54) defines a transfer to include the creation of a lien.

U.S. Department of Treasury v. Owens · filed 2008-05-09(54)

The five liens that were avoided were in fact transfers of property of the estate. Section 101(54) defines a transfer to include “the creation of a lien.”

Section 101(54) treats a debtor’s payment of refinancing proceeds and grant of a new mortgage as distinct transfers.

Chase Manhattan Mortgage Corp. v. Shapiro (In Re Lee) · filed 2008-06-26(54)

Specifically, In re Heitkamp’s unitary-transaction approach ignores the definition of “transfer” set forth in § 101(54), as supplemented by § 547(e). Application of this definition to Lee’s refinancing transaction with Chase leads to the inescapable conclusion that it was comprised of two transfers by the Debtor — a transfer of the proceeds of the New Loan to Chase to pay off the Original Loan and the grant of the New Mortgage to Chase to secure his obligation to repay the New Loan.

Section 101(54)(D)(ii) defines transfer broadly enough to include conditional prejudgment attachments.

In Re Case De Cambio Majapara SA De CV · filed 2008-07-09(54)(D)(ii)

The term "transfer" is broadly defined in section 101(54) and includes prejudgment attachments.

Section 101(54)(D) defines a transfer broadly enough to include a debtor’s waiver of a present tax refund through a net operating loss carry-back election.

United States v. Kapila · filed 2008-08-18(54)(D)

The Bankruptcy Code defines “transfer” as “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with ... property; or ... an interest in property.” 11 U.S.C. § 101 (54)(D)(i-ii). ... The undersigned therefore concludes Taylor’s waiver of a present tax refund falls within the indisputably broad definition of “transfer” under the Bankruptcy Code.

Section 101(54) includes a mortgage within the definition of a transfer because it conveys a security interest in property.

In Re Pankey · filed 2008-08-21(54)

A transfer includes a conveyance of any interest in property, including a security interest. 11 U.S.C. § 101(54). A mortgage constitutes such a conveyance.

Section 101(54)(D)(ii) defines transfer broadly enough to include conditional transfers such as prejudgment attachments.

Casa de Cambio Majapara S.A. de C.V. v. Wachovia Bank, N.A. (In re Casa de Cambio Majapara S.A. de C.V.) · filed 2008-07-09(54)(D)(ii)

The definition makes no distinction between prejudgment and post-judgment transfers. Here, Wa-chovia obtained its prejudgment attachments subject to the final adjudication of the case. This court concludes that such conditional transfers fall under the broad definition of transfer in the Bankruptcy Code.

Section 101(54)(A) defines a transfer to include the creation of a lien on property.

Gugino v. Knezevich (In Re Pegram) · filed 2008-09-03(54)(A)

The Bankruptcy Code broadly defines "transfer” to include the creation of a lien on property.

A bank's honoring of a debtor's check transfers the debtor's interest in the funds under § 101(54)(D).

Buckeye Check Cashing, Inc. v. Meadows (In Re Meadows) · filed 2008-11-12(54)(D)

The Bankruptcy Code defines "transfer," inter alia, as "each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with (i) property; or (ii) an interest in property." 11 U.S.C. § 101(54)(D). ... Based upon Supreme Court precedent, we conclude that the Debtor's property interest in her bank funds was disposed of, or parted with, when her bank honored her check to Buckeye. At that time, there was a transfer of property of the estate, and the funds were no longer estate property.

Section 101(54)(D) defines a transfer to include parting with an interest in property; a debtor’s interest in bank funds is transferred when the bank honors the debtor’s check.

In re: Janice B. Meadows v. · filed 2008-11-12(54)(D)

To the contrary, when the check delivered to Buckeye by the Debtor was then honored by the Debtor’s bank, the estate’s interest in the funds was completely transferred. 11 U.S.C. § 101(54)(D). At that time, the funds ceased to be property of the estate.

Section 101(54) includes payments and interests granted as security among transfers of property.

Leibowitz Ex Rel. Estate of Chicago Truck Center, Inc. (In Re Chicago Truck Center, Inc.) · filed 2008-12-03(54)

The Bankruptcy Code similarly defines a “transfer” as “every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or with an interest in property, including retention of title as a security interest and foreclosure of the debtor’s equity of redemption.” 11 U.S.C. § 101(54). ... The only transfers made by CTC to GMAC were for payment of trucks that were financed by GMAC under the floor plan arrangement and the security interests to secure the loans.

Section 101(54) treats the recording of a lien as a transfer of an interest in property.

Swanson v. Trasino Park-Hudsons, LLC (In Re Vission, Inc.) · filed 2008-12-10(54)

The recording of a lien constitutes a transfer of an interest in the subject property for purposes of section 547. Cf. 11 U.S.C. § 101(54).

Section 101(54) defines “transfer” broadly enough to treat payments on an obligation as transfers separate from incurring the obligation.

Belfance v. Buonpane (In Re Omega Door Co.) · filed 2009-01-13(54)

The definitions of “transfer” under the state law and the Bankruptcy Code are very broad. The meaning of “transfer” is not limited to incurring an obligation, as the bankruptcy court’s decision suggests.

Section 101(54) treats a subordination agreement that reduces a debtor’s contractual collection rights as a transfer of an interest in property.

Holber v. Jacobs (In Re Jacobs) · filed 2009-01-21(54)

After reviewing the Subordination Agreement, I conclude that it effected a transfer of "an interest in property” within the meaning of 11 U.S.C. § 101(54).

Section 101(54)(D) defines a transfer to include parting with an interest in property; a check transfers the estate’s interest in bank funds when the bank honors it.

Davison v. Kanipe · filed 2009-02-05(54)(D)

The term “transfer” is defined as “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with (i) property; or (ii) an interest in property.” 11 U.S.C. § 101(54)(D). ... In light of the BAP’s decision and reasoning in In re Meadows, the Court reaches a similar conclusion in finding that the funds in Ms. Davison’s checking account were no longer property of the estate once the check was honored and the funds transferred to Quick Money.

Section 101(54) requires property or an interest in property for a transfer to occur.

Gaughan v. Edward Dittlof Revocable Trust (In Re Costas) · filed 2009-02-06(54)

However, as the definition makes clear, a “transfer” cannot occur without “property” or “an interest in property.”

Section 101(54) defines a transfer to include parting with an equitable or possessory interest in property, even without conveying title.

Webb Mtn, LLC v. Executive Realty Partnership (In Re Webb Mtn, LLC) · filed 2009-02-11(54)

It is, however, beyond dispute that the Plaintiff held equitable and pos-sessory interests in the Webb Mountain Property at the time the Conditional Extension Agreement and Escrow Agreement were executed and the unrecorded Quit Claim Deeds were placed into escrow, thus falling within the Code’s definition and creating a “transfer” of the Plaintiffs interest in the Webb Mountain Property for the purposes of § 548(a)(1)(B).

Section 101(54) treats each payment of money as a separate transfer, even when a pre-existing contract requires it.

Gold v. Winget (In Re NM Holdings Co.) · filed 2009-05-18(54)

Thus, each payment of money by a Debtor was a separate “transfer.” This is so whether or not the payment was made under, or required by, a pre-existing contract, and whether or not such contract was “divisible” or not.

Section 101(54) defines a transfer broadly enough to include spending funds on personal expenses.

Roberts v. Oliver (In Re Oliver) · filed 2009-05-22(54)

Under this definition, practically all methods of disposing of property qualifies as a “transfer” and “would certainly encompass the debtor’s act of spending the funds [he] received for personal expenses.”

Section 101(54) defines a transfer broadly enough to include a debtor’s waiver of an interest in property.

Greenspan v. Orrick, Herrington & Sutcliffe LLP (In Re Brobeck, Phleger & Harrison LLP) · filed 2009-07-02(54)

The Bankruptcy Code broadly defines transfer to encompass every “mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or with an interest in property....” 11 U.S.C. § 101(54). ... The court concludes that Brobeck had a property interest in its Unfinished Business profits, and that the Jewel Waiver transferred that interest to the Brobeck partners.

Section 101(54) treats the creation of a lien as a transfer.

Huling v. Business Bank of St. Louis (In Re Huling) · filed 2009-10-28(54)

A transfer is a creation of a lien. 11 U.S.C. § 101(54) (2007). ... The recording of the Corrected Deed of Trust marked the first time Plaintiffs transferred their interest in the Real Property to Defendant.

Section 101(54)(D) defines a transfer to include direct or indirect, voluntary or involuntary dispositions of property or an interest in property.

Official Committee of Unsecured Creditors of Tousa, Inc. v. Citicorp North America, Inc. (In Re Tousa, Inc.) · filed 2009-10-30(54)(D)

A “control” requirement is also belied by the statutory definition of “transfer.” That term is defined broadly to include “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with (i) property; or (ii) an interest in property.” 11 U.S.C. § 101(54)(D) (emphasis added).

A Virginia lis pendens is not itself a transfer under the Bankruptcy Code’s definition, although its effect may be avoided under § 547.

WELLS FARGO FUNDING v. Gold · filed 2009-11-24(54)

Obviously the term “lis pendens” is absent from the Code’s definition of “transfer.” ... Under Virginia law, the filing of a memorandum lis pendens neither creates nor enforces a lien.

Section 101(54) defines a transfer to include re-perfection of a lien after the original financing statement lapses.

Miller v. Federal Deposit Ins. (In Re Miller) · filed 2010-03-08(54)

A transfer, for purposes of bankruptcy law, is defined very broadly, and includes “the creation of a lien” as well as “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or an interest in property.” 11 U.S.C. § 101(54)(A, D). It follows, therefore, that since a lapsed financing statement ceases to be effective under O.R.C. § 1309.515(C), and results in an unperfected lien, the re-perfection of the lien qualifies as a transfer under bankruptcy law.

Section 101(54) covers a debtor’s repayment of existing creditors with proceeds from new loans once those proceeds become the debtor’s property.

Deangelis v. Rose (In Re Rose) · filed 2010-03-12(54)

Section 101(54) defines a transfer as: ... I find that the repayment of older creditors with money obtained from new loans during this time period qualifies as the transfer of property belonging to Rose within one year of his Chapter 7 filing.

Section 101(54)(D) defines transfer broadly enough to include removing an owner from a boat’s certificate of title.

Gugino v. Ortega (In Re Pierce) · filed 2010-04-12(54)(D)

When the State of Idaho issues a new certificate of title showing a different “owner,” a transfer has occurred for bankruptcy purposes from the owner listed in the former certificate to the owner listed in the new certificate. ... Trustee has therefore established that Pierce transferred his interest to Ortega, something which Ortega has not challenged.

Section 101(54)(D) defines transfer broadly, but the court found it a stretch to apply that definition to the Bank's sale of the note.

Paloian v. GRUPO SERLA SA DE CV · filed 2010-06-17(54)(D)

Transfer is defined in the Bankruptcy Code as including "each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with" property or an interest in property. 11 U.S.C. § 101(54)(D). ... Although the Bankruptcy Code defines "transfer" rather broadly, it is a stretch to include the Bank's actions within the definition.

Section 101(54)(D) includes a release of claims within the definition of a transfer because the releasing party parts with the right to assert them.

Endeavour GP, LLC v. Endeavour Highrise, L.P. (In Re Endeavour Highrise, L.P.) · filed 2010-07-13(54)(D)

A release of claims constitutes a “transfer,” as defined in § 101, because the releasing party is disposing of or parting with the right to assert future causes of action.

Section 101(54)(D) defines a transfer as disposing of or parting with property or an interest in property; moving into a home already owned and acquiring a Texas homestead interest does not transfer such an interest.

TSCA-234 Ltd. Partnership v. Moseman (In Re Moseman) · filed 2010-07-15(54)(D)

The Code defines a transfer as “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with: (i) property; or (ii) an interest in property.” 11 U.S.C. § 101(54)(D). ... Moving into the Rainforest Property created a homestead interest through the operation of Texas law; however, a homestead interest is not the sort of vested economic interest in property that could be or was transferred by the Mosemans from the Edgewood Property to the Rainforest Property.

Section 101(54) includes an assignment of an interest in estate property within the definition of a transfer.

Morton v. Kievit (In Re Vallecito Gas, LLC) · filed 2010-11-17(54)

A transfer is defined as, among other things, "each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with — (i) property; or (ii) an interest in property.” 11 U.S.C. § 101(54). Clearly, the assignment of an interest in property of the estate is a transfer.

Section 101(54) includes acts that make a physician’s lien effective within the definition of a transfer.

Holbrook v. Country Mutual Insurance (In Re Burnett) · filed 2011-01-31(54)

By definition, a transfer under the Bankruptcy Code includes “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or an interest in property.” 11 U.S.C. § 101(54). To the extent that the actions taken by OSH, IPM and Remondino made their physician’s liens effective on a post-petition basis (which they do not contest), they are transfers subject to the avoidance powers of Trustee under Section 549.

Section 101(54)(D)’s definition of transfer does not establish that a debtor has a property interest in funds it cannot control.

3V Capital Master Fund Ltd. v. Official Committee of Unsecured Creditors of Tousa, Inc. (In Re Tousa, Inc.) · filed 2011-02-11(54)(D)

The Bankruptcy Court compounded its error in not applying the “control test” by relying on the Bankruptcy Code’s ... fraudulent transfers as including “involuntary” and “indirect transfers.” [M (citing 11 U.S.C. §§ 101(54)(D), 548(a)(1)) ]. According to the court, “[t]hese definitions leave no doubt that a debtor may own property even if the debtor has no power to prevent some other party from transferring the property.” [Id]. The Bankruptcy Court is legally incorrect in its interpretation, and further incorrect in concluding that the Conveying Subsidiaries had a property interest sufficient for the Code requirements because they were co-borrowers on the New Loans.

Section 101(54)(D) treats a debtor’s direction to give his share of sale proceeds to another person as a transfer of his property interest.

Braunstein v. Akillian (In Re Akillian) · filed 2011-04-13(54)(D)

When the Debtor and Michael authorized the Closing attorney to adjust their existing rights to an equal division of the net sales proceeds, the Debtor made a gift to his brother by transferring his interest in the sale proceeds to him in the sum of $71,142.45 to account for his receipt of mortgage proceeds when the Property was owned by the Celia and Red Realty Trust.

Section 101(54) defines a transfer as a disposition of property or an interest in property; incurring an obligation is not a transfer.

Geltzer v. Mooney (In Re MacMenamin's Grill Ltd.) · filed 2011-04-21(54)

A “transfer” — even under the exceedingly broad Bankruptcy Code definition — is ultimately a disposition of property.

Section 101(54)’s definition of transfer does not include a change of ownership between joint debtors when the property remains in their bankruptcy estate.

Walton v. Charno (In Re Charno) · filed 2011-05-24(54)

Section 101(54) defines a transfer as “the creation of a lien; the retention of title as a security interest; the foreclosure of a debtor’s equity of redemption; or each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with: (a) property, or (b) an interest in property.” ... Where property never had occasion to leave the safety of the bankruptcy estate, no transfer occurred for purposes of a § 727(a)(2) objection to discharge, and it would likewise be impossible to conclude that the Debtors had intent to hinder, delay, or defraud a creditor.

Section 101(54) treats a judgment converting a manufactured home into real property covered by a mortgage as a transfer of an interest in property.

In Re Dickson · filed 2011-08-26(54)(D)(ii)

The judgment converted the manufactured home into real property and thus transferred it within the reach of the mortgage contract, subjecting it to foreclosure. Most certainly, this conversion constitutes a “mode . . . of disposing of or parting with . . . an interest in property.” 11 U.S.C. § 101(54)(D)(ii).

Section 101(54) defines a transfer as disposing of or parting with property or an interest in property.

Rosen v. Kore Holdings, Inc. (In Re Rood) · filed 2011-09-26(54)

Under the Bankruptcy Code, the term “transfer” is defined as “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or an interest in property.” 11 U.S.C. § 101(54). The recipients of the funds were either entities controlled by Rood or Defendants in this adversary proceeding. It therefore cannot be said that the Defendants ever disposed of or parted with these funds.

Section 101(54)(C) broadly defines a transfer to include parting with property or an interest in property, whether directly or indirectly, voluntarily or involuntarily.

Sullivan v. Welsh (In Re Lumbar) · filed 2011-10-12(54)(C)

Further, in view of the fact that the term “transfer” is defined in the Bankruptcy Code very broadly to mean, inter alia, “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with — (i) property; or (ii) an interest in property,” ... there is no plausible dispute that, by entering the settlement and executing the quitclaim deed in favor of her parents, ... the Debtor parted with her interest in the property.

Section 101(54)(c) defines “transfer” broadly enough to include a settlement and quitclaim deed by which a debtor parts with an interest in property.

Sullivan v. Welsh · filed 2011-10-12(54)(c)

Further, in view of the fact that the term “transfer” is defined in the Bankruptcy Code very broadly to mean, inter alia, “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with – (i) property; or (ii) an interest in property,”9 there is no plausible dispute that, by entering the settlement and ... executing the quitclaim deed in favor of her parents,10 the Debtor parted with her interest in the property.

Section 101(54) does not treat recording a judgment abstract as a transfer when the debtor owns no real property to which a lien could attach.

Imagine Fulfillment Services, LLC v. DC Media Capital, LLC (In re Imagine Fulfillment Services, LLC) · filed 2013-03-12(54)

Thus, DC Media’s act of recordation is not a transfer under the Code. See 11 U.S.C. § 101(54). Because DC Media’s act is not a transfer, IFS cannot avoid this act under section 547(b).

Section 101(54) includes foreclosure of a tax lien within the definition of “transfer.”

County of Clinton v. Warehouse At Van Buren Street, Inc. · filed 2013-05-15(54)

Foreclosure of a tax lien falls squarely within the definition of “transfer” under the Bankruptcy Code. 11 U.S.C. § 101(54).

Section 101(54) treats an LLC member’s expulsion as a transfer to the extent it terminates rights that would otherwise become property of the bankruptcy estate.

Garcia v. Garcia (In re Garcia) · filed 2013-08-08(54)

Accordingly, under the rationale of Beiger, to the extent the expulsions acted to terminate Peter’s rights as a member under the Operating Agreements or New York law — rights that would have been part of the estate but for the expulsions— they constitute “transfers” subject to the avoidance provisions of the Bankruptcy Code.

Section 101(54)(D) treats written and oral agreements that part with an interest in property as transfers.

Slone v. Anderson (In re Anderson) · filed 2013-09-10(54)(D)

Through these written and oral agreements, the Debtors voluntarily parted with or “transferred” the estate’s interest in the foreclosure proceeds. 11 U.S.C. § 101(54)(D) (noting that a “transfer” in-eludes “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with” property or an interest in property).

Section 101(54)(D) treats payments disposing of a debtor’s property and a modification ending its unrestricted right to use trademarks as transfers.

Argyle Online, LLC v. Nielson (In re GGW Brands, LLC) · filed 2013-10-03(54)(D)

These payments disposed of GGW Direct, LLC’s property interest in the Fee and therefore, were a transfer under 11 U.S.C. § 101(54)(D). Further, as a result of the integrated Termination/Re-License, the Debtors lost their previously unrestricted right to use the Trademarks, which, at the very least, was a significant prepetition contractual modification. This modification is also a transfer under 11 U.S.C. § 101(54)(D).

Section 101(54)(D) does not treat the filing of a Colorado lis pendens as a transfer merely because it clouds title; the owner retains the right to convey the property.

Ute Mesa Lot 1, LLC v. First-Citizens Bank & Trust Co. · filed 2013-11-25(54)(D)

However, we do not see how clouding title constitutes “disposing of or parting with” an interest of the debtor in property within the Bankruptcy Code’s definition of a “transfer.” 11 U.S.C. § 101(54)(D).

Section 101(54)(D) defines a transfer to include a direct or indirect disposition of property or an interest in property.

Geltzer v. Barish (In re Geltzer) · filed 2013-12-12(54)(D)

Under the Bankruptcy Code, a “transfer” applies to “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with — (i) property; (ii) or an interest in property.” 11 U.S.C. § 101(54)(D). ... Under the allegations of the Amended Complaint, the Trustee has sufficiently pled that the Debtors had an interest in the bank accounts they used to transfer funds to Simon and Martini Park.

Section 101(54) defines a transfer to include involuntary transfers and foreclosure of a debtor’s equity of redemption.

In re Varquez · filed 2013-12-13(54)

The definition of a transfer under 11 U.S.C. § 101(54) includes involuntary transfers and transfers involving foreclosure of the debtor’s equity of redemption.

Section 101(54)’s definition of “transfer” excludes setoffs, so a setoff cannot be avoided as a preferential transfer under § 547(b).

Damas v. United States ex rel. Colvin (In re Damas) · filed 2014-01-06(54)

For purposes of § 547 and title 11 in general, “transfer” is defined at 11 U.S.C. § 101(54). ... Accordingly, it is well-settled that setoffs are not transfers and therefore are not avoidable under 11 U.S.C. § 547(b).

Section 101(54)(D) broadly defines a transfer to include every mode of parting with property or an interest in property.

Moser v. Bank of Tyler (In re Loggins) · filed 2014-04-21(54)(D)

The definition of a "transfer” under the Bankruptcy Code is "expansive,” Barnhill v. Johnson, 503 U.S. 393, 400, 112 S.Ct. 1386, 118 L.Ed.2d 39 (1992) and encompasses "every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or an interest in property.” 11 U.S.C. § 101(54)(D).

Section 101(54)’s definition of transfer includes forgiveness of debt for purposes of the Bankruptcy Code’s avoidance provisions.

Dershaw v. Ciardi (In re Rite Way Electric, Inc.) · filed 2014-05-01(54)

The term transfer is broadly defined in the Code. See 11 U.S.C. § 101(54). Forgiveness of debt has been recognized to constitute a transfer for purposes of the Code’s avoidance provisions. See Horan v. Baer, 2011 WL 601652, at *1 (D.Md., Feb. 11, 2011). Accordingly, the Court finds that a transfer is alleged.

Section 101(54)(D) defines a transfer broadly enough to include a release of causes of action.

Andrews v. RBL, L.L.C. (In re Vista Bella, Inc.) · filed 2014-05-02(54)(D)

The Bankruptcy Code defines transfers very broadly to include “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with (i) property; or (ii) an interest in property.” 11 U.S.C. § 101(54)(D). ... This definition includes releases of causes of action.

Section 101(54)(D) includes indirect dispositions of property in its definition of a transfer, including funding a purchase titled in someone else’s name.

Jacoway v. Svetc (In re Svetc) · filed 2014-05-12(54)(D)

The bankruptcy code defines a “transfer” as “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with — (i) property; or (ii) an interest in property.” 11 U.S.C. § 101(54)(D). ... Therefore, as an initial matter, the Court finds that the debtor transferred property to the Eck-stroms on August 18, 2009, when he funded the purchase of the Lake Park Loop property but instructed the closing agent to title the property in the Eckstroms’ names.

Section 101(54)(A) defines a transfer to include creating a lien; recording a mortgage that creates a lien is therefore a transfer.

Manty v. Bougie (In re Bougie) · filed 2014-05-16(54)(A)

The term “transfer” is defined as the creation of a lien under 11 U.S.C. § 101(54)(A). ... Consequently, Flagstar Bank’s recording of the mortgage, creating a mortgage lien, constitutes a transfer of property.

Section 101(54) includes a debtor’s grant of a security interest in the definition of a transfer.

Howell v. Brown (In re Pritchett) · filed 2014-07-17(54)

The Debtors granted a security interest in the BMW to the Defendant, thereby effecting a transfer within the meaning of the Code. ... The Code defines a transfer as, inter alia, "each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with ... an interest in property.” 11 U.S.C. § 101(54).

Section 101(54) includes directly or indirectly parting with property or an interest in property within the definition of a transfer.

Jacob Agai, 291 Avenue P, LLC v. Antoniou (In re Antoniou) · filed 2014-08-14(54)

Transfer means “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or an interest in property.” 11 U.S.C. § 101(54). ... Thus, the Debtor transferred property to his wife while retaining a beneficial interest in the property.

Section 101(54)(D) treats a debtor’s deposit into a joint account as a transfer when it gives another account holder the right to withdraw the funds, even if that person never withdraws them.

Lassman v. Cronin · filed 2014-09-16(54)(D)

For these reasons the Court concludes that the Debtor’s deposit of the funds from the sale of the Disney Condominium and the Vacation Points and from the proceeds of the Accident Settlement were transfers within the meaning of § 101(54) of the Bankruptcy Code.

Section 101(54) defines transfer broadly enough that disposing of possession, custody, or control can qualify as a transfer.

Moyer v. Geer (In re Geer) · filed 2014-10-31(54)

While “transfer” is not defined in Section 727, 11 U.S.C. § 101(54) defines transfer to mean, ... Under this broad definition of transfer, even a disposition of possession, custody or control could qualify as a transfer.

Section 101(54)(D) defines a transfer broadly enough to include an indirect reduction of a debtor's stock ownership through the issuance of new shares.

Allred v. Nickeson · filed 2014-11-25(54)(D)

First, the definition of a transfer is broad, covering both direct and indirect modes of parting with an asset or an interest in an asset. 11 U.S.C. § 101(54)(D); S.D.C.L. § 54-8A-1(12); S. Rep. No. 95-989, at 27 (1978), reprinted in U.S.S.C.A.N. 1978, 5787, 5811 (quoted in Kaler v. Remily (In re Remily), 314 B.R. 790, 797 (Bankr. D.N.D. 2004)).

Section 101(54)(D) defines a transfer to include each mode of disposing of property; separate stock transfers are evaluated separately when calculating recovery.

Bank of America, N.A. v. Veluchamy (In re Veluchamy) · filed 2014-12-18(54)(D)

To determine the appropriate amount of damages, the two transfers of VMark stock to Arun and Anu must be evaluated separately. See 11 U.S.C. § 550(a) (trustee may recover the value of property transferred); 11 U.S.C. § 101(a)(54)(d) (defining transfer as “each mode” of disposing of property).

Section 101(54) defines a transfer to include any direct or indirect, voluntary or involuntary way of parting with property or an interest in it.

Ivey v. ES2, LLC (In re ES2 Sports & Leisure, LLC) · filed 2015-12-23(54)

Under 11 U.S.C. § 101(54), a transfer is defined as “every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or with an interest in property.” In this case, there were two post-petition transfers from the Debtor to Defendant ES2: a transfer in the amount of $8,317.84 made on April 16, 2014, and a transfer in the amount of $300.00 made on April 17, 2014.

Section 101(54)(D) defines a transfer broadly enough to include a debtor’s transfer of property into an express trust for creditors.

In re Dreier LLP · filed 2016-01-04(54)(D)

That transfer, whether made to pay a debt owed to the Traub Firm, to create an express trust for the benefit of the Claimants, or to pay the Claimants outright, was a transfer of Dreier LLP’s property within the broad definition of “transfer” under 11 U.S.C. § 101(54)(D) (the term “transfer” includes “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with ... property; or ... an interest in property.”).

Section 101(54)(D) defines a transfer to include disposing of or parting with property.

Cohen ex rel. Estate of Jones v. Jones (In re Jones) · filed 2016-02-08(54)(D)

Under these circumstances, the Court finds that Mr. Jones disposed of or parted with funds, and therefore transferred property within the meaning of § 101(54) and § 727(a)(2) of the Bankruptcy Code.

Section 101(54)(D) defines a transfer broadly enough to include a debtor’s surrender of leasehold interests to its landlord.

Official Committee of Unsecured Creditors of Great Lakes Quick Lube LP v. T.D. Investments I, LLP (In Re Great Lakes Qui · filed 2016-03-11(54)(D)

But the Bankruptcy Code defines “transfer” broadly, as including “each mode, direct or indirect, absolute or conditional, voluntary or involun- tary, of disposing of or parting with—(i) property; or (ii) an interest in property.” 11 U.S.C. § 101(54)(D) (emphasis added). Great Lakes had an interest in property—namely the lease- holds—which it parted with by transferring that interest to T.D.

Section 101(54) excludes setoffs from the definition of a transfer, so a setoff cannot be avoided as a preference.

Sarachek v. Luana Savings Bank · filed 2016-03-15(54)

Setoffs are not “transfers” under the Bankruptcy Code and, therefore, are not avoidable as preferences.

Section 101(54) defines a transfer to include a lien, and perfection of a motor vehicle lien is a transfer.

Wiscovitch-Rentas v. Cooperativa De Ahorro Y Credito (In re Vazquez Vazquez) · filed 2016-04-08(54)

Hence, the perfection of a lien over a motor-vehicle is a transfer.

Section 101(54)(D) defines a transfer as parting with an interest in property; revoking a license and retaining a previously paid fee do not themselves transfer the fee.

Philadelphia Entertainment & Development Partners, L.P. v. Pennsylvania Department of Revenue (In re Philadelphia Entert · filed 2016-04-08(54)(D)

The term “transfer” is defined by the Bankruptcy Code to include “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an interest in property.” 11 U.S.C. § 101(54)(D). ... Accordingly, the effect of the Revocation Order as confirmed by the Confirmation Order and the Commonwealth Parties’ subsequent retention of the License Fee was not to cause a transfer of interests between the parties.

Section 101(54) defines transfer broadly enough to include depositing, withdrawing, and spending insurance proceeds.

Gebhardt v. McKeever (In re McKeever) · filed 2016-05-23(54)

As noted, the definition of “transfer” at 11 U.S.C. § 101(54) is broad, and the Debt- or’s actions in this case easily qualify. The Debtor personally presented the insurance check for deposit at Wells Fargo, personally withdrew the money, and personally, with his family, spent the money on repairs. Such actions constitute a “mode ... of disposing of or parting with .., property.” 11 U.S.C. § 101(54)(D)(i). As such, they constitute a transfer for purposes of Section 727(a)(2).

Section 101(54)(D) defines a transfer to include voluntary or involuntary disposal of property or an interest in property.

MWRD Employees' Credit Union v. Frazier (In re Frazier) · filed 2016-06-20(54)(D)

The Code defines “transfer,” in relevant part, as “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with ... property .,. or ... an interest in property.” 11 U.S.C. § 101(54)(D). ... Turning to the elements of § 727(a)(2), the facts sufficiently establish that there was a transfer of property for purposes of the statutory provision.

Section 101(54) defines transfer broadly enough to include a debtor’s deposits into a spouse’s bank account.

Patriot Fire Protection, Inc. v. Fuller (In re Fuller) · filed 2016-08-02(54)

“Transfer” is broadly defined in the Code to include “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing or parting with — (i) property; or (ii) an interest in property.” ... These deposits were of the Debtor’s property; they constitute transfers within the meaning of the Code; and they were made within one year of the filing of the petition.

Section 101(54)(D) defines transfer broadly enough to include the negotiation of a check disposing of an interest in the debtor’s property.

Waldron v. Federal Deposit Insurance (In re Venture Financial Group, Inc.) · filed 2016-09-09(54)(D)

The Bankruptcy Code itself defines “transfer” in § 101(54)(D) expansively: “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with-(i) property; or (ii) an interest in property.” ... The “transfer” of the Prepetition Tax Refund occurred when the check from the IRS was negotiated by the FDIC-R’s bank on July 16, 2013 and honored shortly thereafter.

Section 101(54)(D) treats termination of a lease as a transfer when the debtor thereby relinquishes a possessory interest or a contingent right to ownership.

Pettie v. Ringo (In re White) · filed 2016-10-24(54)(D)

In other words, where a lessee has a clearly identifiable possessory interest under a lease, the termination of the lease results in a transfer of the lessee’s interest back to the lessor. The same is true for Debtor’s contingent future right to ownership. Therefore, the termination of the Lease Agreement resulted in a transfer of an interest in property of Debtor.

Section 101(54) does not treat an inter-account entry of fictitious profits as a transfer when no funds move and the receiving account gets no credit.

Picard v. Magnify Inc. (In re Bernard L. Madoff Inv. Sec. LLC) · filed 2018-04-13(54)

The use of the term "transfer" in connection with inter-account transfers is for convenience only, and does not imply that a "transfer" took place within the meaning of 11 U.S.C. § 101(54). In fact, no transfer of funds took place and the "transferee" received no credit to the extent an inter-account transfer consisted of fictitious profits.

A mortgage qualifies as a transfer under § 101(54).

Agin v. Grasso (In re Luciani) · filed 2018-05-02(54)

The Mortgage was a transfer as that term is defined in 11 U.S.C. § 101(54), and the Plaintiff seeks the avoidance of the Mortgage under Counts I-III.

Section 101(54)’s definition of a transfer excludes an unrecorded Puerto Rico mortgage because it creates no interest in real property under Puerto Rico law.

Miranda v. Banco Popular De P.R. (In re Mercado) · filed 2018-06-15(54)

As such, section 544 prevents the Trustee from avoiding an unrecorded mortgage as transfer in Debtor's real property and preserve it for the benefit of the estate under section 551 because an unrecorded mortgage in Puerto Rico does not constitute a transfer of property under 11 U.S.C. § 101(54).