Legal Opinion
In the Matter of Joseph D. Smith, Doing Business as J.D. Management Services and G.L. Properties, Debtor. Appeal of David R. Boyer, Trustee
Court of Appeals for the Seventh Circuit
Decided July 13, 1992No. 91-1519PublishedCited by 100 opinions
1Opinion of the Court
CUDAHY, Circuit Judge.
In this bankruptcy case we must decide whether a debtor’s payment to a creditor within the 90-day pre-petition period is avoidable as a preferential transfer when the payment was achieved by means of provisional credit supported only by the debtor’s deposit of a bad check. Through what appears to be a simple check-kiting scheme, the debtor managed to pay off a single creditor well within the 90-day preference period. Because the debtor had deposited into his account a check (which eventually failed to clear), the bank honored the check presented by the creditor, although…
2Cases cited23 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Barnhill v. JohnsonSupreme Court of the United States · 1992
- Williams v. United StatesSupreme Court of the United States · 1982
- In Re Bullion Reserve of North America, a California Corporation, Curtis B. Danning, Chapter 7 Trustee v. Theodore P. BozekCourt of Appeals for the Ninth Circuit · 1988
- Bankr. L. Rep. P 71,434 Coral Petroleum, Inc. v. Banque Paribas-LondonCourt of Appeals for the Fifth Circuit · 1986
18 more not listed; retrieve them via the Exa API.
3Cited by100 opinions
- In Re Molded Acoustical Products, Inc., Debtor. Fiber Lite Corporation v. Molded Acoustical Products, Inc.Court of Appeals for the Third Circuit · 1994
- Bailey v. Big Sky Motors, Ltd.Court of Appeals for the Tenth Circuit · 2002
- Mark A. Warsco, Trustee v. Preferred Technical GroupCourt of Appeals for the Seventh Circuit · 2001
- In Re N. Eddie Montgomery and Southland Escrow Services, Inc., Consolidated Debtors. John C. McLemore Trustee v. Third National Bank in NashvilleCourt of Appeals for the Third Circuit · 1993
- P.A. Bergner & Co. v. Bank One, Milwaukee, N.A. (In re P.A. Bergner & Co.)Court of Appeals for the Seventh Circuit · 1998
95 more not listed; retrieve them via the Exa API.