IN RE PITMAN

No. 87-5306.

843 F.2d 235 (1988)

In re Kenneth Neil PITMAN and Patricia Roberts Pitman, Debtors. Robert H. WALDSCHMIDT, Trustee, Plaintiff-Appellee, v. MID-STATE HOMES, INC., and Jim Walter Homes, Inc., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided March 30, 1988.


Attorney(s) appearing for the Case

Craig R. Allen, Hall, Haynes, Lusk and Foster, Chattanooga, Tenn., for defendants-appellants.

Robert H. Waldschmidt, Nashville, Tenn., for plaintiff-appellee.

Before MERRITT, KENNEDY and KRUPANSKY, Circuit Judges.


MERRITT, Circuit Judge.

This case raises a significant question in bankruptcy concerning the relationship between the concept of a conditional "antecedent debt" and the concept of "contemporaneous exchange for new value" under the preference section of the Revised Bankruptcy Code of 1978, as amended in 1984, 11 U.S.C. § 547 (Supp. 1986).1 The essential question before us is whether the trustee...

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