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AURIGA POLYMERS INC. v. PMCM2, LLC

No. 20-14647.

40 F.4th 1273 (2022)

AURIGA POLYMERS INC., Plaintiff-Appellant, v. PMCM2, LLC, AS the Liquidating TRUSTEE FOR the BEAULIEU LIQUIDATING TRUST, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Filed: July 17, 2022.

Attorney(s) appearing for the Case

Ronald David Paul Bruckmann , David H. Conaway , Shumaker Loop & Kendrick, LLP, Charlotte, NC, for Plaintiff-Appellant.

J. Robert Williamson , Matthew W. Levin , Scroggins & Williamson, PC, Atlanta, GA, for Defendant-Appellee.

Before Wilson and Lagoa, Circuit Judges, and Martinez, District Judge.

The Bankruptcy Code empowers a trustee to claw back "preferences," i.e., certain transfers made by a debtor to a creditor on the eve on bankruptcy. 11 U.S.C. § 547(b). But the creditor who gives new value to the debtor after receiving a preference may use that new value to offset...

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