Legal Opinion
Friedman's Liquidating Trust v. Roth Staffing Companies LP (In Re Friedman's Inc.)
Court of Appeals for the Third Circuit
Decided December 24, 2013No. 13-1712PublishedCited by 58 opinions
1Opinion of the Court
OPINION
RENDELL, Circuit Judge:
This appeal presents an issue of first impression in our Court: can a post-petition payment to a creditor pursuant to a Wage Order entered at a debtor’s request reduce the creditor’s new value defense— and thereby increase preference liability— the same as it would if the payment had been made pre-petition?
Under the Bankruptcy Code, the trustee may avoid certain preferential transfers made by a debtor to a creditor in the 90 days before its bankruptcy petition was filed. See 11 U.S.C. § 547(b) (2006). A creditor who gives the debtor new value subsequent to a…
2Cases cited37 opinions
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Kelly v. RobinsonSupreme Court of the United States · 1986
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
- Union Bank v. WolasSupreme Court of the United States · 1991
- Palmer Clay Products Co. v. BrownSupreme Court of the United States · 1936
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3Cited by58 opinions
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- Mayor and City Council of Balt v. BP P.L.C.Court of Appeals for the Fourth Circuit · 2020
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