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Liquidation Test

Where the bankruptcy court made a determination on summary judgment that certain payments made to a secured creditor within the 90-day preference period were not preferential under 11 U.S.C. sec. 547, the grant of summary judgment is reversed because the ...

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Downward Departure; Crack Cocaine

Where the government challenged a District Court’s downward departure in the sentencing of a defendant on crack cocaine charges, whether the departure is considered a ‘procedural’ aspect of ‘calculating the Guidelines range’ or part of substantive reasonableness review it was ...

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