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Legal Opinion

Cocolat, Inc. v. Fisher Development, Inc. (In Re Cocolat, Inc.)

United States Bankruptcy Court, N.D. California

Decided January 11, 1995No. 16-10073PublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

LESLIE TCHAIKOVSKY, Bankruptcy Judge.

Plaintiff Cocolat, Inc. (“Cocolat”) seeks to avoid as a preference a $10,000 payment (the “$10,000 Payment”) made to defendant Fisher Development, Inc. (“Fisher”) before the commencement of the above-captioned bankruptcy case. Fisher denies that the transfer was preferential. Fisher also claims defenses pursuant to 11 U.S.C. §§ 547(c)(1), (2), and (6). The Court concludes that the transfer was preferential and that Fisher has failed to establish a defense under either 11 U.S.C. § 547(c)(1) or (6). However, the Court concludes that the…

2Cases cited16 opinions

  1. In Re E.R. Fegert, Inc., Debtor. Dan O'rourke, Trustee v. Seaboard Surety Company Coral Construction Company, Inc. Shotwell Paving CompanyCourt of Appeals for the Ninth Circuit · 1989
  2. In Re Chase & Sanborn Corporation, Debtor. Paul C. Nordberg, Creditor Trustee v. Arab Banking CorporationCourt of Appeals for the Eleventh Circuit · 1990
  3. In the Matter of Tolona Pizza Products Corporation, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1993
  4. In Re Molded Acoustical Products, Inc., Debtor. Fiber Lite Corporation v. Molded Acoustical Products, Inc.Court of Appeals for the Third Circuit · 1994
  5. In Re Fred Hawes Organization, Inc., Debtor. William B. Logan, Trustee v. Basic Distribution CorporationCourt of Appeals for the Sixth Circuit · 1992

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3Cited by15 opinions

  1. Lubman v. C.A. Guard Masonry Contractor, Inc. (In Re Gem Construction Corp. of Virginia)United States Bankruptcy Court, E.D. Virginia · 2000
  2. Anderson-Smith & Associates, Inc. v. Xyplex, Inc.United States Bankruptcy Court, N.D. Alabama · 1995
  3. Hays v. DMAC Investments, Inc. (In Re RDM Sports Group, Inc.)United States Bankruptcy Court, N.D. Georgia · 2000
  4. Liquidation Committee v. Binsky & Snyder, Inc. (In Re J.A. Jones, Inc.)United States Bankruptcy Court, W.D. North Carolina · 2007
  5. Golfview Developmental Center, Inc. v. All-Tech Decorating Co. (In Re Golfview Developmental Center, Inc.)United States Bankruptcy Court, N.D. Illinois · 2004

10 more not listed; retrieve them via the Exa API.

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