United States First Circuit
In re Net-Valazquez, 09-1816
District court's affirmance of a bankruptcy court's judgment in favor of a bankruptcy trustee, holding that a creditor's garnishment of funds was a preferential transfer of estate property avoidable under 11 U.S.C. section 547(b) is affirmed where: 1) because the creditor neglected to squarely raise its arguments before the bankruptcy court, it has waived them; and 2) having identified and weighed the criteria deemed most relevant to the creditor's request to have its arguments heard for the first time on appeal, the equities do not heavily preponderate in favor of allowing the new arguments.
Appellate Information
- Decided 11/02/2010
- Published 11/02/2010
Judges
Court
- United States First Circuit
Counsel
- For Appellant:
- María S. Jiménez Meléndez, Noreen Wiscovitch-Rentas