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Campbell v. Hanover Ins. (In re Campbell)

Campbell v. Hanover Ins. (In re Campbell)

Ruling
Transfer of lender's funds into certificate of deposit was a contemporaneous exchange for new value and not avoidable.
Procedural posture

Chapter 7 trustee filed this adversary proceeding against defendant surety, claiming that it was an indirect beneficiary of the transfer of a lender's funds into a certificate of deposit and the transfer of the funds was avoidable as a preferential transfer under 11 U.S.C.S. § 547. The matter came before the court for hearing on the surety's Fed. R. Civ. P. 56 motion for summary judgment.

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Consumer opinion summary, case decided on November 03, 2010 , LexisNexis #1210-090