United States Fourth Circuit

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RailWorks Corporation v. Construction Program Group, 13-1931

The bankruptcy court properly granted summary judgment in favor of defendant, thus preventing the bankruptcy trustee from avoiding and recovering the premium payment transfers from the debtor to defendant within ninety days before the debtor filed for bankruptcy protection, where, because defendant was unquestionably a mere conduit for the premium payments between the debtor and a third party insurer, and a party cannot be both a mere conduit and an entity for whose benefit a transfer was made, the trustee is unable to recover the premium payment transfers under 11 U.S.C. section 550.

Appellate Information

  • Decided 07/28/2014
  • Published 07/28/2014

Judges

  • FLOYD

Court

  • United States Fourth Circuit

Counsel

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