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§ 547(c)(4)

Boston Grand Prix, LLC, In re--Cruickshank v. George R. Roberts Co.

Ruling: 
Trustee was not allowed to avoid a payment the debtor made to the manufacturer as themanufacturer provided new value when it delivered custom-made race blocks after thepayment. (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on August 21,2018, LexisNexis #1018-019

Boston Grand Prix, LLC, In re--Cruickshank v. George R. Roberts Co.

Ruling: 
Trustee was not allowed to avoid a payment the debtor made to the manufacturer as themanufacturer provided new value when it delivered custom-made race blocks after thepayment. (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on August 21,2018, LexisNexis #1018-019

Simplexity, LLC, In re--Simplexity, LLC v. Sprint Corp.

Ruling: 
Court allowed defendant to offset its total preference exposure to the extent that it later provided the debtor with "new value." (Bankr. D. Del.)
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Commercial case opionion summary, case decided on December 05,2017, LexisNexis #0118-045

OneStar Long Distance, Inc., In re--Levin v. Verizon Bus. Global, LLC

Ruling: 
Payments were unavoidable as the supplier advanced enough subsequent new value to cover all the preferential transfers it received from the debtor. (7th Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on September 22,2017, LexisNexis #1017-107

Kaye v. Barber Milk, LLC (In re BFW Liquidation, LLC)

Ruling: 
Transfers are avoidable as defendants cannot use the paid new value to reduce their liability.(Bankr. N.D. Ala.)
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Commercial case opionion summary, case decided on December 20,2016, LexisNexis #0117-076

Stoebner v. San Diego Gad & Elec. Co. (In re LGI Energy Solutions Inc.)

Ruling: 
Two utilities could each offset subsequent new value from preference period payments.
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Commercial case opionion summary, case decided on March 20,2014, LexisNexis #0414-024

Giuliano v. RPG Mgmt. (In re NWL Holdings Inc.)

Chapter 7 trustee filed a complaint against defendant creditor seeking to avoid and recover certain payments as preferential and fraudulent transfers under 11 U.S.C.S. § 547. The creditor filed a motion for summary judgment. The trustee contested the motion. The court issued its findings of fact and conclusions of law.
Ruling: 
Transfers made to ensure continuation of insurance coverage were contemporaneous exchanges for new value and not avoidable.
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Commercial case opionion summary, case decided on June 04,2013, LexisNexis #0713-094

Kapila v. Spiegel LLC (In re Fountainebleau Las Vegas Holdings LLC)

Plaintiff trustee filed a complaint against defendant seeking to avoid and recover an alleged preferential transfer pursuant to 11 U.S.C.S. § 547. Defendant filed a motion for summary judgment.
Ruling: 
Payments for work performed prior to preference period were not avoidable.
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Commercial case opionion summary, case decided on April 12,2013, LexisNexis #0513-018

Wallach v. Ford Motor Co. (In re Performance Transp. Servs.)

Plaintiff chapter 7 trustee sought to recover payments made to defendant creditor as preferential, but the creditor, contending that the payments were for new value under 11 U.S.C.S. § 547(c)(4), filed a motion for summary judgment.
Ruling: 
New value defense did not apply where parties engaged in preferential payments rather than available setoff.
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Commercial case opionion summary, case decided on February 08,2013, LexisNexis #0313-053

Circuit City Stores Inc. v. Mitsubishi Digital Elecs. Am. Inc. (In re Circuit City Stores Inc.)

Plaintiff, chapter 11 debtors and the former operators of retail electronics stores, moved for partial summary judgment as to their objection to claims of defendant creditor, one of its regular suppliers of electronic items. At issue was whether the creditor could both claim an administrative expense under 11 U.S.C.S. § 503(b)(9) and utilize the value of the same goods in a 11 U.S.C.S. § 547(c)(4) new value defense to a preference claim.
Ruling: 
Creditor could not both claim an administrative expense for value of goods and utilize the value of the goods in a new value defense to a preference claim.
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Commercial case opionion summary, case decided on December 01,2010, LexisNexis #0111-019

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