- 11 U.S.C.
Diamond v. Gemmel Pharmacy Group Inc. (In re Inland Global Med. Group)
Apr
04
2006
Ruling
Portion of transfers were deemed preferential while portion fell under new value defense.
Procedural posture
Plaintiff chapter 7 trustee brought an adversary proceeding against defendant creditor, seeking to avoid certain alleged preferential transfers pursuant to 11 U.S.C. § 547(b). The creditor asserted affirmative defenses to the preference claim under 11 U.S.C. § 547(c)(2) and (4). The bankruptcy court conducted a trial.
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Court
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