Legal Opinion
Charles W. Ries v. Michael Calandrillo
Court of Appeals for the Eighth Circuit
Decided January 28, 2015No. 13-3023PublishedCited by 7 opinions
1Opinion of the Court
LOKEN, Circuit Judge.
The bankruptcy trustee for Chapter 7 debtor Genmar Holdings, Inc. commenced this adversary proceeding seeking to avoid as preferential a $65,000 payment made to Michael Calandrillo within ninety days of bankruptcy. See 11 U.S.C. § 547(b). The bankruptcy court 1 granted the trustee summary judgment. The Bankruptcy Appellate Panel (BAP) affirmed. Calandrillo appeals, arguing the payment was a “contemporaneous exchange for new value” that may not be avoided under § 547(c)(1). 2 Reviewing the grant of sum mary judgment de novo, we agree with the BAP that Calandrillo failed to…
2Cases cited8 opinions
- Singleton v. WulffSupreme Court of the United States · 1976
- Contemporary Industries Corp. v. FrostCourt of Appeals for the Eighth Circuit · 2009
- In Re: Jones Truck Lines, Inc.Court of Appeals for the Eighth Circuit · 1998
- In Re: Murray F. Armstrong, Debtor. Harrah's Tunica Corporation, D/B/A Harrah's Casino Cruises-Tunica, Appellant/cross v. William S. Meeks, Trustee, Appellee/crossCourt of Appeals for the Eighth Circuit · 2002
- In Re: Dorholt, Inc., Debtor. Dwight R.J. Lindquist, Trustee v. Marjorie DorholtCourt of Appeals for the Eighth Circuit · 2000
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Joseph Sarachek v. Luana Savings BankCourt of Appeals for the Eighth Circuit · 2017
- Sarachek v. Luana Savings BankDistrict Court, N.D. Iowa · 2016
- Rice v. M-Real Estate LLC (In re Turner Grain Merch., Inc.)United States Bankruptcy Court, E.D. Arkansas · 2018
- Gold v. Myers Controlled Power, LLC (In re Truland Grp., Inc.)United States Bankruptcy Court, E.D. Virginia · 2018
- Sarachek v. Luana Savings Bank (In re Agriprocessors, Inc.)United States Bankruptcy Court, N.D. Iowa · 2015
2 more not listed; retrieve them via the Exa API.