Legal Opinion
Askenaizer v. Seacoast Redimix Concrete, LLC (In Re Charwill Construction, Inc.)
United States Bankruptcy Court, D. New Hampshire
Decided December 21, 2007No. 15-10085PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM OPINION
MARK W. VAUGHN, Chief Judge.
Michael Askenaizer (the “Plaintiff’), as Chapter 7 trustee for Charwill Construction, Inc. (the “Debtor”), filed a complaint against Seacoast Redimix Concrete, LLC (“Seacoast”), to avoid certain payments the Debtor transferred to Seacoast within the ninety-day period preceding the filing of the bankruptcy petition. Presently before the Court is Seacoast’s second motion for summary judgment, which alleges that (1) the subject payments cannot be avoided because new value was contemporaneously exchanged for them and (2) the funds at issue were not…
2Cases cited15 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Maldonado-Denis v. Castillo-RodriguezCourt of Appeals for the First Circuit · 1994
- Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
- Carmen Nereida-Gonzalez v. Cirilo Tirado-DelgadoCourt of Appeals for the First Circuit · 1993
- United States v. Plat 20, Lot 17Court of Appeals for the First Circuit · 1992
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3Cited by7 opinions
- Nichols v. NicholsSupreme Court of Oklahoma · 2009
- Instrumentation & Controls, Inc. v. Northeast Union, Inc. (In re Instrumentation & Controls, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 2014
- Davis v. Kice Indus., Inc. (In re WB Servs., LLC)United States Bankruptcy Court, D. Kansas · 2018
- In Re Financial Resources Mortg., Inc.United States Bankruptcy Court, D. New Hampshire · 2012
- Notinger v. MigliaccioUnited States Bankruptcy Court, D. New Hampshire · 2012
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