1. Home
  2. Browse Decisions
  3. F.3d
  4. 738 F.3d
  5. 738 F.3d 547 (2013)
 

IN RE FRIEDMAN'S INC.

No. 13-1712.

738 F.3d 547 (2013)

In re FRIEDMAN'S INC., Debtor. Friedman's Liquidating Trust, Appellant v. Roth Staffing Companies LP.

United States Court of Appeals, Third Circuit.

Opinion Filed: December 24, 2013.

Attorney(s) appearing for the Case

John D. Demmy, Esquire (Argued), Maria Aprile Sawczuk, Esquire , Stevens & Lee, P.C., Wilmington, DE, Nicholas F. Kajon, Esquire , Stevens & Lee, P.C., New York, NY, for Appellant.

Peter M. Sweeney, Esquire , Blakeley & Blakeley, LLP, Wilmington, DE, Johnny White, Esquire , Bradley D. Blakeley, Esquire (Argued), Blakeley & Blakeley, LLP, Irvine, CA, for Appellee.

Before: RENDELL, JORDAN and LIPEZ, Circuit Judges.

OPINION

RENDELL, Circuit Judge.

This appeal presents an issue of first impression in our Court: can a post-petition payment to a creditor pursuant to a Wage Order entered at a debtor's request reduce the creditor's new value defense—and thereby increase preference liability—the same as it would if the payment had been made pre-petition?

Under the Bankruptcy Code, the trustee may avoid certain preferential transfers made by a debtor...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases