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In re Flanagan

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
Consumer opinion summary, case decided on October 09, 2007 , LexisNexis #1107-033