Quoted from Razorbak86:That probably makes sense, from a layman's perspective, but it's not out of the ordinary in bankruptcy court. It's actually common practice.
For example, simply refer to the following quote. [1]
--------
"The 'avoiding powers' of a bankruptcy trustee are among the most commonly used and frequently analyzed provisions of the Bankruptcy Code. These powers are designed to achieve a variety of policy goals. Providing perhaps the most significant of these powers is that which allows the trustee to set aside preferential transfers. The preference provision is, by far, the most litigated area of bankruptcy law."
--------
[1] Deborah L. Thorne, Carrie Foster, and David Wheeler. Foreword. Preference Defence Handbook: The Circuits Compared. 1st ed. Alexandria: American Bankruptcy Institute, 2006.
Bonus points if you can figure out Ms. Thorne's current occupation.
Ha, I knew better than to make a comment in this thread. Too many folks wanting to argue some imaginary point. "Out of the Ordinary" was probably a bad choice of words I guess. I was referring more about an "ordinary" type of judgment using common sense and an even approach....and yes, I am well aware the law is not based on common sense, but judges are allowed to use it from time to time. The term was NOT a challenge for every legal clerk to go and find some case law to post.
I was merely saying if this goes to court (which I highly doubt) people who have these machines can make the case they finally got what they paid for, and they own them fair and square. But listing one for double the price or bragging how you got 20K for something that didn't work, could anger the gods just a bit and bring on more of an emotional response. It's hard to have sympathy for someone when they doubled their money or more, while others are left with nothing. I wasn't arguing ANY legal points of any of this, and you all can debate those points to your hearts' content. I have no stake, and thankfully I am not a lawyer.