Legal Opinion

Loo v. Martinson (In Re Skywalker, Inc.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided August 18, 1993No. BAP No. MT-92-1180-RJMe, Bankruptcy No. 90-11656-7, Adv. No. 91-00048PublishedCited by 5 opinions

1Opinion of the Court

OPINION

RUSSELL, Bankruptcy Judge:

The Chapter 7 1 trustee brought an adversary proceeding to recover payments made by the debtor corporation to the appellant creditor which were made over 90 days, but within one year of filing bankruptcy, on an obligation guaranteed by officers of the debtor. The bankruptcy court found that the transfers were preferences and allowed recovery. AFFIRMED.

I. FACTS

Creditor/Appellant Annie Loo owned a State of Montana Liquor License No. 03-101-9559-001 which was used in the operation of a restaurant she owned in Billings, Montana. Loo subsequently sold the…

2Cases cited7 opinions

  1. In the Matter of Pizza of Hawaii, Inc., Debtor. Pizza of Hawaii, Inc. v. Shakey's, Inc.Court of Appeals for the Ninth Circuit · 1985
  2. Louis W. Levit, Trustee of V.N. Deprizio Construction Co. v. Ingersoll Rand Financial CorporationCourt of Appeals for the Seventh Circuit · 1989
  3. 21 Collier bankr.cas.2d 1405, Bankr. L. Rep. P 73,090 in Re Robinson Brothers Drilling, Inc., and Robinson Brothers Drilling Company, Debtors. Manufacturers Hanover Leasing Corp. Halliburton Company Gray Tool Company and Ponder Fishing Tools, Inc. v. Harold G. Lowrey, Chapter 11 Trustee, for the Estate of the DebtorsCourt of Appeals for the Tenth Circuit · 1990
  4. Bronner v. Gill (In Re Bronner)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1992
  5. In Re Erin Food Services, Inc., Debtor, the Travelers Insurance Company v. Cambridge Meridian Group, Inc., in Re Erin Food Services, Inc., Debtor. The Travelers Insurance Company v. Cambridge Meridian Group, Inc.Court of Appeals for the First Circuit · 1992

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3Cited by5 opinions

  1. In Re Skywalkers, Inc., Dba T-Birds, Debtor. Annie Loo v. Craig D. Martinson, Trustee John Alguire Scott WalkerCourt of Appeals for the Ninth Circuit · 1995
  2. Zenith Productions, Ltd. v. AEG Acquisition Corp. (In Re AEG Acquisition Corp.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993
  3. Marshack v. Wells Fargo Bank (In Re Walters)United States Bankruptcy Court, C.D. California · 1994
  4. In Re PA Bergner & Co. Holding Co.United States Bankruptcy Court, E.D. Wisconsin · 1995
  5. Bergner v. Bank One, Milwaukee, N.A. (In re Bergner)United States Bankruptcy Court, E.D. Wisconsin · 1995

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