IN RE ERIE FORGE & STEEL CORPORATION

No. 71-1279.

456 F.2d 801 (1972)

In the Matter of ERIE FORGE & STEEL CORPORATION, Bankrupt. Appeal of Thomas O. SCHRADER.

United States Court of Appeals, Third Circuit.

Decided March 22, 1972.


Attorney(s) appearing for the Case

Robert N. Spaeder, Marsh, Spaeder, Baur, Spaeder & Schaaf, and Harry D. Martin, Elderkin, Martin & Kelly, Erie, Pa., for appellant.

John M. McLaughlin, Knox, Graham, Pearson, McLaughlin & Sennett, Erie, Pa., and John W. Dickey, Sullivan & Cromwell, New York City (Mortimer E. Graham, Erie, Pa., James E. Blackwood, New York City, on the brief) for appellee.

Before ADAMS, GIBBONS and JAMES ROSEN, Circuit Judges.


OPINION OF THE COURT

ADAMS, Circuit Judge.

This bankruptcy case presents a novel question regarding voidable preferences. Where a bank, prior to any bankruptcy proceedings, offsets a note in default against the debtor's checking balance in the bank, thus satisfying the note in full, and then, after the initiation of the bankruptcy proceedings, in accordance with its prior agreement with a second bank, purchases an interest in a note from the debtor held...

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