Pierce, et al. v. Collection Assoc., Inc., No. 13-6048 (8th Cir. 2013)
Annotate this CaseDebtors filed a chapter 13 bankruptcy petition. Prior to the petition, Collection Associates filed a collection suit against one of the debtors in Nebraska state court and obtained a judgment. On appeal, debtors challenged an order of the bankruptcy court denying their complaint to avoid and recover transfers of wages to Collection Associates. The bankruptcy appellate panel affirmed the bankruptcy court's judgment where 11 U.S.C. 547(c)(8) applied as a defense to this preference action because the amount sought to be recovered was less than $600.
Court Description: Bankruptcy Appellate Panel. Because the amount sought to be recovered is less than $600, Sec. 547(c)(8) applies as a defense to this preference action and the bankruptcy court did not err in denying the debtor's complaint to avoid and recover the transfer of wages to Collection Associates, a judgment creditor. [ December 26, 2013
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