Legal Opinion
Southern Commodity Corp. Official Liquidating Committee v. El Campo Rice Milling Co. (In Re Southern Commodity Corp.)
United States Bankruptcy Court, S.D. Florida.
Decided September 14, 1987No. 19-12665PublishedCited by 21 opinions
1Opinion of the Court
MEMORANDUM DECISION
THOMAS C. BRITTON, Chief Judge.
The Liquidating Committee, created by a confirmed chapter 11 plan, seeks recovery of $281,018 as a preferential transfer under 11 U.S.C. §§ 547 and 550. Defendant has answered and the matter was tried on July 30.
The facts are not in dispute. Defendant concedes that a prima facie case has been proved, but asserts four affirmative defenses: lack of standing, the statute of limitations, new value was given, and the payments were made in the ordinary course of business. (C.P. No. 5). I conclude that the trustee is entitled to judgment against…
2Cases cited3 opinions
- In Re Craig Oil Company, Debtor. Marathon Oil Company v. William M. Flatau, TrusteeCourt of Appeals for the Eleventh Circuit · 1986
- In Re Chase & Sanborn CorporationCourt of Appeals for the Eleventh Circuit · 1987
- Robert K. Morrow, P.C. v. United States (In Re Morris)United States Bankruptcy Court, D. Oregon · 1985
3Cited by21 opinions
- First Software Corp. v. Curtis Manufacturing Co. (In Re First Software Corp.)United States Bankruptcy Court, D. Massachusetts · 1988
- In Re Crowthers McCall Pattern, Inc.United States Bankruptcy Court, S.D. New York · 1990
- Pate v. Hunt (In Re Hunt)United States Bankruptcy Court, N.D. Texas · 1991
- In Re Resorts International, Inc.United States Bankruptcy Court, D. New Jersey · 1990
- Citicorp Acceptance Co. v. Robison (In re Sweetwater)Court of Appeals for the Tenth Circuit · 1989
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