United States First Circuit

In an action by a bankruptcy trustee to prevent the debtor's former wife from recovering her share of funds in escrow from the sale of marital property, summary judgment for the defendant-wife is affirmed where defendant did not have a "claim" against the debtor as a "creditor," nor was the transfer of legal title to the escrow agents "on account of antecedent debt," therefore bankruptcy law does not treat the transfer as an avoidable preference.

Appellate Information

• Decided 03/30/2007
• Published 03/30/2007

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, CAMPBELL, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Edmond J. Ford with whom Ford, Weaver & McDonald, P.A. was on brief for appellant.


• For Appellees:
  
• Eleanor Wm. Dahar with whom Victor W. Dahar, P.A. was on brief for appellee.