- 11 U.S.C.
Cohen v. Roy (In re Cohen)
Oct
30
2009
Ruling
Judgment lien avoided as preferential where there was no in-state interest to attach prior to preference period.
Procedural posture
Plaintiff debtor filed an adversary complaint against creditor defendants pursuant to 11 U.S.C.S. §§ 547 and 550, seeking a determination that a writ of garnishment-created judgment lien, that was avoidable as a preference. The creditors asserted that their interest in the debtor's stock account was not avoidable because they filed the judgment certificate more than 90 days before the debtor filed his chapter 11 petition.
ABI Membership is required to access the full summary of Cohen v. Roy (In re Cohen) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: