Legal Opinion
Erie Power Technologies, Inc. Ex Rel. Pascarella & Wiker LLP v. Shaw Group, Inc. (In Re Erie Power Technologies, Inc.)
United States Bankruptcy Court, W.D. Pennsylvania
Decided March 29, 2007No. 19-10196Published
1Opinion of the Court
OPINION
WARREN W. BENTZ, United States Bankruptcy Judge.
Before the Court is a Motion for Summary Judgment filed by Defendant, Shaw Group (“Shaw”) on the Plaintiffs claims under § 547 and § 550 of the Bankruptcy Code for recovery of an alleged preference. 1 The Complaint seeks to recover an alleged preference in the amount of $320,000 paid to Shaw by Erie Power Technologies, Inc. (“Debtor”) on June 12, 2003, within 90 days of the August 29, 2003 bankruptcy filing date (the “Petition Date”).
Shaw asserts that its claim is secured by virtue of a artisan’s lien that it held under South Carolina…
2Cases cited10 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Butner v. United StatesSupreme Court of the United States · 1979
- Pearson v. Component Technology CorporationCourt of Appeals for the Third Circuit · 2001
- Evans Temple Church of God in Christ & Community Center, Inc. v. Carnegie Body Co. (In Re Evans Temple Church of God in Christ & Community Center, Inc.)United States Bankruptcy Court, N.D. Ohio · 1986
- Clark Bros. & Co. v. PouCourt of Appeals for the Fourth Circuit · 1927
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