Legal Opinion
Moglia v. American Psychological Ass'n (In Re Login Bros. Book)
United States Bankruptcy Court, N.D. Illinois
Decided June 4, 2003No. 19-00025PublishedCited by 14 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
EUGENE R. WEDOFF, Chief Judge.
This adversary proceeding has before the court on the defendant’s motion for summary judgment. The issue raised by the motion concerns the “new value” defense to a preference action, set out at § 547(c)(4) of the Bankruptcy Code (Title 11, U.S.C.), and specifically, whether a postpetition repayment by the debtor of a “new value” transfer defeats the defense. For the reasons set forth below, such a repayment does defeat the defense, and hence the motion for summary judgment will be denied.
Jurisdiction
Federal district courts have exclusive…
2Cases cited12 opinions
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
- Bosse v. OklahomaSupreme Court of the United States · 2016
- In re PrescottCourt of Appeals for the Seventh Circuit · 1986
- In Re New York City Shoes, Inc., Debtor. New York City Shoes, Inc. v. Bentley International, Inc.Court of Appeals for the Third Circuit · 1989
- Massachusetts Bay Insurance v. Vic Koenig Leasing, Inc.Court of Appeals for the Seventh Circuit · 1998
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Friedman's Liquidating Trust v. Roth Staffing Companies LP (In Re Friedman's Inc.)Court of Appeals for the Third Circuit · 2013
- In Re Jkj Chevrolet, Incorporated, Debtor. Richard G. Hall, Trustee, and Ford Motor Credit Company v. Chrysler Credit Corporation, Richard G. Hall, Trustee v. Chrysler Credit CorporationCourt of Appeals for the Fourth Circuit · 2005
- Gonzales v. Nabisco Division of Kraft Foods, Inc. (In Re Furr's Supermarkets, Inc.)Bankruptcy Appellate Panel of the Tenth Circuit · 2004
- McKloskey v. Schabel (In Re Schabel)United States Bankruptcy Court, E.D. Wisconsin · 2006
- Gonzales v. Sun Life Insurance (In re Furr's Supermarkets, Inc.)United States Bankruptcy Court, D. New Mexico · 2012
9 more not listed; retrieve them via the Exa API.