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· 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 CourtListener

Sourced 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.