· 9/28/2004
AFD Fund Ex Rel. AmeriServe Food Distribution, Inc. v. Transmed Foods, Inc. (In Re AmeriServe Food Distribution, Inc.)
Citations
- 315 B.R. 24
- 52 Collier Bankr. Cas. 2d 1201
- 2004 Bankr. LEXIS 1449
- 43 Bankr. Ct. Dec. (CRR) 190
- 2004 WL 2181741
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that, in order for earmarking doctrine to apply, party must both disburse funds and direct those funds
- finding no agreement and thus no earmarking where new creditor provided loan “for general corporate purposes”
- applying federal judgment rate nonetheless because of the equities of the case
- addressing application of res judicata to an affirmative defense
- addressing application of res judicata to an affirmative defense
Source: CourtListener parenthetical corpus (CC0).
Judges: Judith K. Fitzgerald
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.