- 11 U.S.C.
Johnson v. AmeriCredit Fin. Servs. (In re Booth)
Jul
24
2006
Ruling
Trustee could not avoid lien since lienholder could invoke affirmative defense under section 547(c)(3).
Procedural posture
After the debtors filed for chapter 7 bankruptcy protection, plaintiff trustee brought an adversary proceeding against defendant lienholder, alleging that the lien on a vehicle constituted a preference in violation of 11 U.S.C. § 547 and was avoidable under 11 U.S.C. § 547(b). The parties cross-moved for summary judgment.
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Court
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