Davis v. Kice Indus., Inc. (In re WB Servs., LLC)
587 B.R. 548 | United States Bankruptcy Court, D. Kansas | 2018
Holding Summary
A joint payee check from a project owner to a general contractor and subcontractor constitutes a transfer of the contractor's property interest for preference purposes, and the earmarking doctrine does not apply absent a guarantor or lender relationship.
The new value defense may defeat the Trustee's claim, but uncontroverted facts are insufficient to rule.
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