  |
  |
  |
    
  
   |
 | |||
|
|
|
|
| |||
Insurance broker's provision of insurance considered new value. In NMI Sys., Inc. v. Pillard (In re NMI Sys., Inc.), 179 B.R. 357 (Bankr. D. D.C. 1995), the Debtor's former employee's services constituted new value every time new services were performed. A fee that a creditor levies without providing corresponding value to the debtor does not constitute "new value." In re Bridge Info. Sys., 287 B.R. 258 (Bankr. E.D. Mo. 2002).
The continued use of the defendant's trademark constituted the transfer of new value under § 547(c)(4). Claybrook v. Pizza Hut, Inc. (In re Discovery Zone), No. 03-103-KAJ, 2004 U.S. Dist. Lexis 20575 (D. Del. Oct. 5, 2004). The Third Circuit has previously held that a trademark may be. considered new value under § 547(b). since the debtor was contractually bound to pay monthly royalty fees, the continued use of the defendant's property constituted a transfer of new value.
Money, in the form of advances from preference defendant to the debtor and checks drawn by the defendant and made payable to the state department of revenue on debtor's behalf, constitutes "new value" under the plain meaning of section 547(c)(4) regardless of whether the loans were made pursuant to a credit agreement or evidenced by a promissory note. In re Pro Page Partners, LLC, 292 B.R. 622 (Bankr.
E.D. Tenn. 2003), aff'd, 151 F. App'x 366, 368 (6th Cir. 2005) (the Circuit Court noting that "'in goods, services, or new credit' modifies only 'money's worth;' the phrase does not modify both 'money's worth' and 'money").
4. To or for the Benefit of the Debtor.
Braunstein v. IAU Health & Welfare Fund (In re Broderick Co.), 177 B.R. 430 (Bankr. D. Mass. 1995). Chapter 7 trustee sought to avoid preferential payments that the debtor-employer made prepetition to its employee benefit trust fund. The fund argued that by providing benefits to the debtor's employees after the preferential payments were made, the fund gave new value for the benefit of the debtor because, by providing those benefits, the fund was satisfying the debtor's obligation under its collective bargaining
