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· 9/29/2023

Eco Espectrum Technologies v. Century Frozen Foods

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a transfer is defined by federal law and, in the absence of federal law, property interests are “creatures of state law”
  • holding that under section 547(b) a transfer made by check occurs on the date the check is honored
  • holding that a “transfer” of property is only made with respect to a negotiable instrument when it is finally honored by the drawee financial institution
  • holding that the date a check is honored determines the date a transfer is made for purposes of 11 U.S.C. § 547(b)
  • concluding that “in the absence of any controlling federal law, ‘property’ and ‘interest[s] in property’ are creatures of state law.”
  • holding that for purposes of a preferential transfer analysis, a transfer by check occurs when the drawee bank honors the check

Source: CourtListener parenthetical corpus (CC0).

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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.