- 11 U.S.C.
Claybrook v. Metro Auto Xpress LLC (In re American Remanufacturers Inc.)
Jul
25
2008
Ruling
Setoffs in favor of creditor on purchase and sale of auto parts were not transfers and not avoidable.
Procedural posture
Chapter 7 trustee filed a complaint against defendant customer seeking avoidance of preferential transfers under 11 U.S.C.S. § 547, avoidance of constructive fraudulent transfers under 11 U.S.C.S. § 548, avoidance of impermissible postpetition transfers under 11 U.S.C.S. § 549, recovery of avoided transfers under 11 U.S.C.S. § 550. The customer sought dismissal of these counts under Fed. R. Civ. P. 12(b)(6).
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Court
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