Legal Opinion
Kaye v. Agripool, SRL (In Re Murray Inc.)
Bankruptcy Appellate Panel of the Sixth Circuit
Decided May 14, 2008No. BAP 07-8064PublishedCited by 61 opinions
1Opinion of the Court
OPINION
JOSEPH M. SCOTT, JR., Bankruptcy Judge.
William Kaye, Trustee of the Murray Liquidating Trust (“Trustee”), appeals an order of the bankruptcy court dismissing his adversary complaint against Agripool, SRL (“Agripool”) to avoid certain payments as preferential transfers and recover $271,242.90 pursuant to 11 U.S.C. §§ 547 and 550. The bankruptcy court found that Agripool proved the ordinary course of business defense under 11 U.S.C. § 547(c)(2). For the reasons that follow, we reverse and remand.
I. ISSUES ON APPEAL
The issues presented by this appeal are whether the bankruptcy court erred…
2Cases cited32 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
- Employment Div., Dept. of Human Resources of Ore. v. SmithSupreme Court of the United States · 1990
- Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
27 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Simon v. Amir (In Re Amir)Bankruptcy Appellate Panel of the Sixth Circuit · 2010
- In re Creekside Senior Apartments, L.P.Bankruptcy Appellate Panel of the Sixth Circuit · 2013
- Cusano v. Klein (In Re Cusano)Bankruptcy Appellate Panel of the Sixth Circuit · 2010
- In Re LeeBankruptcy Appellate Panel of the Sixth Circuit · 2012
- Phillips v. Weissert (In Re Phillips)Bankruptcy Appellate Panel of the Sixth Circuit · 2010
56 more not listed; retrieve them via the Exa API.