- 11 U.S.C.
Mukamal v. Enriquez (In re Rx Cardiovascular Specialties Inc.)
Sep
15
2006
Ruling
Contemporaneous exchange for new value and ordinary course of business defenses to avoidance are not available with respect to postpetition transfers.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor seeking to recover a payment and other transfers as preferences pursuant to 11 U.S.C. §§ 547 and 550. The trustees subsequently filed an amended complaint seeking avoidance and recovery of the payment as an unauthorized postpetition transfer pursuant to 11 U.S.C. § 549. The trustee filed a motion for partial summary judgment on the section 549 claim.
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Court
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