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Stopped Payments as Avoidable Unauthorized Post-Petition Transfers

YVSM’s Corinne Donohue Adams published an article in the American Bankruptcy Institute Journal entitled “Stopped Payments as Avoidable Unauthorized Post-Petition Transfers.” The article focuses on when liability lies for transfers or transactions under section 549 of the Bankruptcy Code. The article specifically considers In re Essex Constr. LLC, 575 B.R. 648 (Bankr. D. Md. 2017), where the Court held that for purposes of section 549, an avoidable transfer occurs when an issuing bank stops payment on a cashier’s check after the check has already been delivered to the payee.

To read the full article, please click here