IN RE WINGSPREAD CORP.

Bankruptcy No. 87-B-10624, Adv. No. 89-5829.

120 B.R. 8 (1990)

In re WINGSPREAD CORPORATION, et al., Debtors. Harold YOUNG, as Chapter 7 Trustee of Champion Pants, Inc., Debtor, a subsidiary of Wingspread Corporation, Debtor, Plaintiff, v. CONTINENTAL WORSTEDS, INC., Defendant.

United States Bankruptcy Court, S.D. New York.

October 9, 1990.


Attorney(s) appearing for the Case

Hahn & Hessen, New York City by T. Gorman, David A. Berger, and Maria A. Arnott, for trustee.

Mudge Rose Guthrie Alexander & Ferson, New York City by William J. Lowy, for Continental Worsteds.


DECISION ON MOTION FOR PARTIAL SUMMARY JUDGMENT REGARDING BANKRUPTCY CODE § 547(c)(4)

TINA L. BROZMAN, Bankruptcy Judge.

As with much in life, timing here is everything. The precise question before me is whether the "transfer" contemplated by the subsequent advance defense to a preference contained in § 547(c)(4) of the Bankruptcy Code (11 U.S.C.A. § 547(c)(4) (West 1979)) (the Code) occurs on the date a debtor delivers a check to a creditor...

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