- 11 U.S.C.
Sparkman v. American Residential Servs. LLC (In re Anderson Homes Inc.)
May
25
2012
Ruling
Payments to contractor during preference period could be avoided regardless of hypothetical lien rights had payment not been made.
Procedural posture
Defendant filed a motion for summary judgment in plaintiff chapter 7 trustee's action, which sought to recover pursuant to 11 U.S.C.S. § 547 a preferential transfer made by the debtor to defendant. The trustee filed a cross-motion for partial summary judgment.
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Court
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