De Rochfort Co. v. Sunshine State Bank (In Re De Rochfort Co.)

ORDER ON MOTIONS FOR NEW TRIAL

THOMAS C. BRITTON, Bankruptcy Judge.

Both the defendant and the intervenor have filed timely motions for new trial. (C.P. Nos. 21, 22, 23 and 24). The motions were heard on August 23.

All the statements made in the Memorandum Decision of August 6 after the third paragraph, page 2, that is to say beginning with the words “Turning to the question immediately presented ...” are to be disregarded.

The debtor cannot recover its leasehold interest as an avoidable preference in this case, because its transferee (the defendant bank) in turn transferred the lease before…