Georgia Bankruptcy Blog

Georgia Bankruptcy Blog

Tag Archives: preferential transfer

3rd Circuit – Contemporaneous Exchange Defense To Preference Action Applies Even Where Payment Made In Context Of Credit Agreement

Hechinger Investment Company of Delaware, Inc. v. Universal Forest Products, Inc., Nos. 06-2166, 06-2229, 2007 U.S. App. LEXIS 13155 (3rd Cir. June 7, 2007).   The issue was whether preferential transfers may be protected by the contemporaneous exchange defense of §547(c)(1).  Bob Eisenbach comments on the case at the Business Bankruptcy Blog, so I will just… Continue Reading