· 11/17/1995
Anderson-Smith & Associates, Inc. v. Xyplex, Inc.
Citations
- 188 B.R. 679
- 1995 Bankr. LEXIS 1662
- 28 Bankr. Ct. Dec. (CRR) 189
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that bank’s recor-dation of lien on title to debtors’ vehicle could not be preferential transfer, where lien was recorded postpetition
- finding that parties intended a contemporaneous exchange for new value when creditor refused to deliver goods without debtor’s assurance of payment
- collecting cases that hold that the contemporaneous exchange for new value defense protects transactions that do not deplete the estate
- nine-day delay; \A transaction can be substantially contemporaneous even where there is some separation between the events of the extension of new value and the transfer by the debtor\
- time lag of six days
Source: CourtListener parenthetical corpus (CC0).
Judges: Jack Caddell
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.