- 11 U.S.C.
Gocha v. Cooper (In re Bailey)
May
11
2010
Ruling
Payments to debtor's parents on account of antecedent debt were avoidable.
Procedural posture
Plaintiff, the chapter 7 trustee, filed an adversary complaint against defendants, the parents of the debtor wife, seeking to avoid and recover a transfer of $ 11,000 made by the debtors within ninety days before filing their bankruptcy petition. At issue was whether the debtors made the transfer for or on account of an antecedent debt, that is, that was owed by the debtors before such transfer was made, under 11 U.S.C.S. § 547(b)(2).
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Court
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