- 11 U.S.C.
JMW Auto Sales LLC v. Garcia (In re Moye)
Nov
18
2010
Ruling
Preference period transfers pursuant to alleged agency agreement were avoidable given evidence that transferees were creditors.
Procedural posture
Plaintiff chapter 7 trustee sought to recover transfers made by debtors during the preference period, i.e. within 90 days prior to the filing of bankruptcy petitions. Defendants admitted receipt of the funds. Defendants argued that the funds that the debtors transferred to defendants were not property of the bankruptcy estate and could not have been recovered as preferential transfers or as fraudulent transfers. Defendants filed a counterclaim.
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Court
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