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Hitachi Capital Am. Corp. v. Farinash (In re Prebul Jeep Inc.)

Hitachi Capital Am. Corp. v. Farinash (In re Prebul Jeep Inc.)

Ruling
Creditor did not establish right to recover the amount of checks issued by the debtor which were dishonored by the bank after the debtor's bankruptcy.
Procedural posture

Plaintiff creditor brought an adversary proceeding against defendant bank which held funds in a bankruptcy debtor's operating account, seeking to recover the amount of checks issued by the debtor which were dishonored by the bank after the debtor's bankruptcy. The creditor moved for summary judgment.

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Commercial opinion summary, case decided on November 24, 2009 , LexisNexis #0110-009