In the Matter of Joseph D. Smith, Doing Business as J.D. Management Services and G.L. Properties, Debtor. Appeal of David R. Boyer, Trustee

U.S. Court of Appeals, Seventh Circuit · Decided 1992-07-13

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From the opinion

CUDAHY, Circuit Judge. In this bankruptcy case we must decide whether a debtor’s payment to a creditor within the 90-day pre-petition period is avoidable as a preferential transfer when the payment was achieved by means of provisional credit supported only by the debtor’s deposit of a bad check. Through what appears to be a simple check-kiting scheme, the debtor managed to pay off a single creditor well within the 90-day p…

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