- 11 U.S.C.
Falcon Creditor Trust v. Blue Cross Blue Shield (In re Falcon Prods.)
Jul
20
2007
Ruling
Transfers to third party administrator for debtor's self-funded PPO plan were below re- BAPCPA cap and not preferential.
Procedural posture
Plaintiff, the creditor trust that was the successor to the chapter 11 debtors, brought an adversary proceeding to avoid and recover alleged preferential transfers, under 11 U.S.C. §§ 547 and 550, to the defendant, the transferee of five prepetition payments from the debtors. The transferee moved for summary judgment, asserting that if the transfers were set aside, it would have a resulting priority claim under former 11 U.S.C. § 507(a)(4).
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Court
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