- 11 U.S.C.
Anderson v. Midwest Holding 7 LLC (In re Tanner Family LLC)
Oct
09
2007
Ruling
Lease termination fee arose from antecedent debt and was avoidable as a preference.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant former lessor of a bankruptcy debtor, alleging that a lease termination fee paid by the debtor to the lessor was an avoidable preference under 11 U.S.C. § 547. The trustee and the lessor cross-moved for summary judgment with regard to the issue of whether the lease termination payment was on account of an antecedent debt.
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Court
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