=?UTF-8?Q?Re=3A_=5Bcdcbaa=5D_stacking_defenses_to_come_within_the_=245?=
I don't have a case for you but you're in the right. Otherwise a Trustee
could overcome the floor by alleging more than the floor was a preference.
Sincerely,
*Michael Avanesian, Esq. *
Simon Resnik Hayes, LLP
15233 Ventura Blvd., Suite 250
Sherman Oaks, CA 91403
Tel: 818.783.6251 | Cel: 818.817.1725
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On Thu, Apr 23, 2015 at 4:16 PM, rolandk_98@yahoo.com [cdcbaa] wrote:
>
>
> List mates.
> I am defending a preferential transfer claim by the trustee in the amount
> of $7000.00 (for non consumer debt)
> I have new value defense of $4000 547(c)(4)
> that leaves a balance of $3000 I am claiming that this value is below the
> 547(c)(9) limit and therefore I do not need to pay it back.
> Trustee not buying it and asking for a case. I did a lexisnexis search and
> can not find a case either way saying I can or can not claim it as a
> defense.
> any ideas or experience you can share?
> thx
>
>
> Roland Kedikian, Esq.
> www.LosAngelesBKLaw.com
>
>
>
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