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Velde v. Border State Bank (In re HovdeBray Enters.)

Velde v. Border State Bank (In re HovdeBray Enters.)

Ruling
Liquidation sale proceeds properly avoided as preference as floating lien, ordinary course of business and new value defenses did not apply.
Procedural posture

Appellant bank challenged rulings of the U.S. Bankruptcy Court for the District of Minnesota denying summary judgment on appellee trustee's preference action per 11 U.S.C.S. § 547 on findings that its lien was perfected within the § 547 perfection period, that its § 547(c)(5) "floating lien" defense to a security interest perfected during the preference period lacked merit, and that the trustee, who had cross-appealed, was to recover $242,824.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on December 03, 2012 , LexisNexis #1212-124