Legal Opinion

Sulmeyer v. Suzuki (In re Grand Chevrolet, Inc.)

Court of Appeals for the Ninth Circuit

Decided May 6, 1994No. 92-56461PublishedCited by 44 opinions

1Opinion of the Court

Opinion by Judge FARRIS

FARRIS, Circuit Judge:

Trustee Irving Sulmeyer appeals the granting of summary judgment to Pacific Suzuki. The district court held that transfers from Grand Motors, Inc. to Pacific were not voidable as preferences because they fell within the ordinary course of business exception, 11 U.S.C. § 547(c)(2), and the contemporaneous exchange exception, 11 U.S.C. § 547(c)(1).

The trustee originally filed his complaint in the bankruptcy court. The bankruptcy court had jurisdiction pursuant to 28 U.S.C. §§ 157(b) and 1334(a). The district court, which withdrew the reference to the…

2Cases cited7 opinions

Thomas G. Lovett, Jr., Trustee for Transportation Systems International, Inc. v. St. Johnsbury TruckingCourt of Appeals for the Eighth Circuit · 1991
In Re Yurika Foods Corp., Debtor and Debtor-In-Possession. Yurika Foods Corporation v. United Parcel ServiceCourt of Appeals for the Sixth Circuit · 1989
In Re GEORGE RODMAN, INC., Debtor. Thomas J. KENAN, Trustee, Appellee, v. FORT WORTH PIPE COMPANY, AppellantCourt of Appeals for the Tenth Circuit · 1986
Richardson v. Philadelphia Housing Authority (In Re Richardson)United States Bankruptcy Court, E.D. Pennsylvania · 1988
In Re Arrow Air, Inc., Debtor. The Official Unsecured Creditors' Committee v. Airport Aviation Services, Inc., a Puerto Rico Corp.Court of Appeals for the Eleventh Circuit · 1991

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

3Cited by44 opinions

In Re Roblin Industries, Inc., Debtor. William E. Lawson, Trustee, in Bankruptcy of Roblin Industries, Inc. v. Ford Motor CompanyCourt of Appeals for the Second Circuit · 1996
Gulf City Seafoods, Inc. v. Ludwig Shrimp Co. (In Re Gulf City Seafoods, Inc.)Court of Appeals for the Fifth Circuit · 2002
Sigma Micro Corp. v. Healthcentral.com (In Re Healthcentral.com)Court of Appeals for the Ninth Circuit · 2007
In Re Ahaza Systems, Inc., Debtor. Edmund J. Wood, in His Capacity as Chapter 7 Trustee v. Stratos Product Development, LLCCourt of Appeals for the Ninth Circuit · 2007
Payne v. Clarendon National Insurance (In Re Sunset Sales, Inc.)Bankruptcy Appellate Panel of the Tenth Circuit · 1998

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