Callaway v. Energy Mizer Corp. (In re Hams Rests. Inc.)
Oct
07
2011
Ruling
Good faith allegation of amount of alleged preferential transfers was determinative in hearing on motion for change of venue for failure to meet threshold amount.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against defendant corporation to avoid and recover preferences or fraudulent transfers. Defendant filed a motion to transfer venue on the ground that based on its affirmative defenses, any debt recoverable in this action would be less than the threshold amount of $11,725 required under 28 U.S.C.S. § 1409(b).
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Court
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