Question: Hall-Mark regularly supplied electronic parts to Peter Lee. On September 11, 1992, Lee gave Hall-Mark a $100,000 check for parts it had received. Hall-Mark continued
Hall-Mark regularly supplied electronic parts to Peter Lee. On September 11, 1992, Lee gave Hall-Mark a $100,000 check for parts it had received. Hall-Mark continued to ship parts to Lee. On September 23, 1992, Lee’s check was dishonored by the bank. On September 25, 1992, Lee delivered to Hall- Mark a cashier’s check for $100,000. Hall-Mark shipped nothing more to Lee after receipt of the cashier’s check. On December 24, 1992, Lee filed a voluntary petition for bankruptcy. The trustee filed a complaint to have the $100,000 payment to Hall-Mark set aside as a voidable preference. Hall-Mark said it was entitled to the payment because it gave value to Lee. The trustee said that the payment was not actually made until the cashier’s check was delivered on September 25, 1992, and that Hall-Mark gave no further value to Lee after that check was paid. Who was correct? [In re Lee, 108 F3d 239 (9th Cir)]
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