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§ 556

In re Louisiana Pellets, Inc.

Jul
22
2016
Ruling
Safe harbor provision was not triggered by debtor’s failure to perform under sale agreement.(Bankr. W.D. La.)
Issue(s)
What is the scope of the § 556 safe harbor and did sale agreement fall within that scope?

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Commercial opinion summary, case decided on July 22, 2016 , LexisNexis #0816-080
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In re Fullmer dba Fullmer Cattle Co.

Apr
10
2009
Ruling
Setoff that did not involve the liquidation, termination or acceleration of a forward contract was an avoidable postpetition transfer of estate property.
Procedural posture

The debtors filed an action against a company to compel turnover of $30,000 that was used as a setoff against an accrued damage claim, allegedly pursuant to 11 U.S.C.S. § 556. The court held a hearing and issued findings.

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Commercial opinion summary, case decided on April 10, 2009 , LexisNexis #0509-123
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