In re Flanagan
Oct
09
2007
Ruling
Trustee could avoid payment to creditor only to the extent debtor encumbered previously unencumbered property.
Procedural posture
Appellant creditors sought review of a judgment of the District Court for the District of Connecticut affirming a bankruptcy court's denial of the creditors'request for the imposition of a constructive trust over certain securities. Appellees, a debtor and a trustee, appealed the determination that the trustee could avoid a payment from the debtor to the creditors only to the extent that the transfer diminished the debtor's estate.
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Court
:
Judge or Jurisdiction information not available