IN RE LOGIN BROS. BOOK CO., INC.

Bankruptcy No. 00-B-27912. Adversary No. 02-A-01337.

294 B.R. 297 (2003)

In re LOGIN BROS. BOOK COMPANY, INC., Debtor. Alex D. Moglia, Plaintiff, v. American Psychological Association, Defendant.

United States Bankruptcy Court, N.D. Illinois, Eastern Division.

June 4, 2003.


Attorney(s) appearing for the Case

Richard S. Lauter, Holland & Knight, Chicago, IL, Paul M. Bauch, Bauch & Michaels, Chicago, IL, for Trustee Alex D. Moglia.

Kurt M. Carlson, Tishler & Wald, Ltd., Chicago, IL, for American Psychological Ass'n.


MEMORANDUM OF DECISION

EUGENE R. WEDOFF, Chief Judge.

This adversary proceeding has before the court on the defendant's motion for summary judgment. The issue raised by the motion concerns the "new value" defense to a preference action, set out at § 547(c)(4) of the Bankruptcy Code (Title 11, U.S.C.), and specifically, whether a postpetition repayment by the debtor of a "new value" transfer defeats the defense. For the reasons set forth below, such...

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