- 11 U.S.C.
Miller v. A&M Oil Co. (In re Smith Mining & Material LLC)
May
19
2009
Ruling
Pre- and postpetition transfers by debtor to creditor fuel supplier avoided to extent not covered by new value defense.
Procedural posture
A debtor filed for relief under chapter 11 of the Bankruptcy Code. Plaintiff, a chapter 11 trustee, filed an action against defendant company, alleging that transfers made to the company were preferential and could be avoided and recovered under 11 U.S.C.S. §§§ 544, 547, 549, and 550. The court issued findings of fact and conclusions of law.
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Court
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