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In re Fullmer dba Fullmer Cattle Co.

In re Fullmer dba Fullmer Cattle Co.

Ruling
Setoff that did not involve the liquidation, termination or acceleration of a forward contract was an avoidable postpetition transfer of estate property.
Procedural posture

The debtors filed an action against a company to compel turnover of $30,000 that was used as a setoff against an accrued damage claim, allegedly pursuant to 11 U.S.C.S. § 556. The court held a hearing and issued findings.

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Commercial opinion summary, case decided on April 10, 2009 , LexisNexis #0509-123