Legal Opinion
AFA Investment Inc. v. Trade Source, Inc. (In re AFA Investment Inc.)
United States Bankruptcy Court, D. Delaware
Decided September 14, 2015No. Case No. 12-11127 Jointly Administered; Adv. No. 14-50185(MFW)PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION 2
Mary F. Walrath, United States Bankruptcy Judge
This Memorandum Opinion addresses the Motion of AFA Investment Inc., et al. (the “Debtors”) for Summary Judgment on a preference complaint filed against Trade Source, Inc. (“Trade Source”). Because the Court finds that there are issues of material fact with respect to whether or not the challenged transfer was made on account of an antecedent debt, the Motion for Summary Judgment will be denied.
I. BACKGROUND
The Debtors were once one of the largest ground beef processing operations in the United States. (Adv. D.I. 1, at ¶ 14.)…
2Cases cited13 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Stern v. MarshallSupreme Court of the United States · 2011
- In Re: Kiwi International Air Lines, Inc. Simon Kimmelman, Trustee in Bankruptcy in No. 02-1037 v. The Port Authority of New York and New Jersey Simon Kimmelman, Trustee in Bankruptcy in No. 02-1038 v. Sabre Decision Technologies, Inc. Simon Kimmelman, Trustee in Bankruptcy in No. 02-1654 v. Cit Group/credit Finance, Inc. A/K/A the Cit Group, IncCourt of Appeals for the Third Circuit · 2003
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