Ninth Circuit Ruling on Preference Avoidance Power

Last month, we discussed <i>Sherwood Partners, Inc., Assignee for the Benefit of Creditors of International Thinklink Corporation v. Lycos, Inc.</i>, 394 Fed11198 (9th Cir. 2005). In that case, the Ninth Circuit Court of Appeals, by a divided court, held that a state statute authorizing an assignee for the benefit of creditors to void a preferential transfer is preempted by the federal Bankruptcy Code. This month, we discuss the ruling in depth.

18 minute read August 30, 2005 at 08:40 AM
By
David S. Kupetz
Ninth Circuit Ruling on Preference Avoidance Power

Last month, we discussed Sherwood Partners, Inc., Assignee for the Benefit of Creditors of International Thinklink Corporation v. Lycos, Inc., 394 Fed11198 (9th Cir. 2005).

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