Boyd v. Water Doctor (In Re Check Reporting Services, Inc.)
United States Bankruptcy Court, W.D. Michigan
1Opinion of the Court
OPINION AND ORDER DENYING SUMMARY JUDGMENT IN PART AND GRANTING SUMMARY JUDGMENT IN PART
JO ANN C. STEVENSON, Bankruptcy Judge.
I. Introduction.
The motion presently before the Court calls into question the proper interpretation of 11 U.S.C. § 547(c)(4)(B), which limits the extent to which a creditor may assert the new value defense in a preference action. 11 U.S.C. § 547(c)(4) provides that the trustee may not avoid as a preference a transfer
to or for the benefit of a creditor, to the extent that, after such transfer, such creditor gave new value to or for the benefit of the debtor—
(A) not…
2Cases cited19 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Gary Smith v. Transworld Systems, Inc.Court of Appeals for the Sixth Circuit · 1992
- In Re Fulghum Construction CorporationCourt of Appeals for the First Circuit · 1983
- In re PrescottCourt of Appeals for the Seventh Circuit · 1986
- Pettigrew v. Trust Co. Bank (In Re Bishop)United States Bankruptcy Court, N.D. Georgia · 1982
14 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Laker v. Vallette (In Re Toyota of Jefferson, Inc.)Court of Appeals for the Fifth Circuit · 1994
- Kaye v. Blue Bell Creameries, Inc. (In Re BFW Liquidation, LLC)Court of Appeals for the Eleventh Circuit · 2018
- Mosier v. Ever-Fresh Food Co. (In re IRFM, Inc.)Court of Appeals for the Ninth Circuit · 1995
- Braniff, Inc. v. Sundstrand Data Control, Inc. (In Re Braniff, Inc.)United States Bankruptcy Court, M.D. Florida · 1993
- Official Committee of Unsecured Creditors of Maxwell Newspapers, Inc. v. Travelers Indemnity Co. (In Re Maxwell Newspapers, Inc.)United States Bankruptcy Court, S.D. New York · 1996
20 more not listed; retrieve them via the Exa API.