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Bankruptcy – Preference Action; Liquidation Sale; Consulting Fees

admin//December 6, 2012//

Bankruptcy – Preference Action; Liquidation Sale; Consulting Fees

admin//December 6, 2012//

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Where a trustee brought a preference action to recover a payoff payment to a bank from the proceeds of the debtor’s liquidation sale, the bankruptcy court did not err in holding that Section 547(c)(5) did not apply and that liquidation as part of the cessation of the debtor’s business was not “ordinary course” and the bank’s new value defense was properly rejected, so judgment for the trustee is affirmed, but the part of the judgment giving the bank credit for consulting fees is reversed. Judgment affirmed in part; reversed in part.

12-6033/12-6035 Velde v. Border State Bank, appealed from U.S. Bankruptcy Court, District of Minnesota, Federman, B.J.

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