United States Eleventh Circuit

In a claim over a lease termination agreement between plaintiff-holding company and debtor, grant of summary judgment in favor of defendant-appointed trustee is affirmed where: 1) debtor's debt was incurred at the time the lease was executed in 2002; 2) inasmuch as the 2005 termination payment discharged debtor's obligations arising under the lease agreement, it constituted a transfer "for or on account of an antecedent debt"; and 3) the bankruptcy and district courts did not err as a matter of law in determining that the transfer was avoidable under 11 U.S.C. section 547(b).

Appellate Information

• Decided 02/03/2009
• Published 02/03/2009

Judges

Court

• United States Eleventh Circuit

Counsel