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· 10/15/2009

Wahoski v. American & Efrid, Inc. (In Re Pillowtex Corp.)

Citations

  • 416 B.R. 123
  • 2009 Bankr. LEXIS 3309
  • 52 Bankr. Ct. Dec. (CRR) 71
  • 2009 WL 3334064

How courts have described this case

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

  • holding that “it is not a prerequisite to creditor’s successfully asserting ‘subsequent new value’ defense to preference claim that this new value must remain unpaid, as long as new value has not been repaid with an otherwise unavoidable transfer.”
  • “[T]he trustee should not be able to assert the new value was paid if the trustee is asserting that the paying transaction was in fact a preference which the trustee can avoid.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kevin J. Carey

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.