United States Ninth Circuit

In a bankruptcy case, because the unconditional release in question was given for what turned out to be an NSF check, the subsequent payment that replaced the check was given in exchange for what had become an unsecured debt, and did not result in a contemporaneous exchange for new value.

Appellate Information

• Argued 04/14/2004
• Decided 06/14/2004
• Published 06/14/2004

Judges

• DAVID R. THOMPSON, Senior Circuit Judge., Before THOMPSON, TASHIMA, and RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Michael S. Rubin,Mariscal, Weeks, McIntyre & Friedlander, P.A., Phoenix, AZ, for the defendant-appellant., Thomas C. Axelsen, Mohr, Hackett, Pederson, Blakely & Randolph, Phoenix, AZ, for the plaintiff-appellee.