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Eighth Circuit Definitively Holds: Avoidance Actions Are Estate Property and Can Be Sold
Now a circuit judge, a former bankruptcy judge makes quick work of a troublesome issue about property of the estate.
Court:
A Trust Didn’t Defeat a Prior, Perfected Security Interest in Accounts Receivable
The district court characterized the agreement not as creating a trust but as a device designed to win priority over a prior, perfected security interest.