Legal Opinion
In the Matter of Dan L. Wey, Debtor. Appeal of Robert L. Sullivan, Trustee in Bankruptcy v. William W. Willock, Jr. And Adelaide I. Willock
Court of Appeals for the Seventh Circuit
Decided August 17, 1988No. 87-2850PublishedCited by 37 opinions
1Opinion of the Court
KANNE, Circuit Judge.
Dan Wey forfeited his down payment on a Virgin Island hotel when he failed to pay the balance under the terms of a real estate contract. His trustee in bankruptcy sought to have the down payment set aside, characterizing it as a voidable preference under 11 U.S.C. § 547 or as a fraudulent transfer under 11 U.S.C. § 548. Finding that no “transfer” occurred, as required by these statutes, the bankruptcy court dismissed the complaint. The district court found that a transfer had occurred but affirmed the dismissal because the antecedent debt requirement of § 547(b) had not…
2Cases cited7 opinions
- Barash v. Public Finance Corp.Court of Appeals for the Seventh Circuit · 1981
- In the Matter of Emerald Oil Co., Debtor. William C. Sandoz, Trustee, Cross-Appellant v. Fred Wilson Drilling Company, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1983
- In Re Gold Coast Seed Company, Debtor, M. Nolden, Trustee v. Van Dyke Seed Company, Inc.Court of Appeals for the Ninth Circuit · 1985
- In the Matter of Commodity Merchants, Inc., Bankrupt. Harper C. Allan, as Trustee in Bankruptcy v. Archer-Daniels-Midland Co.Court of Appeals for the Seventh Circuit · 1976
- Pierce v. Airport Development Corp. (In Re Pierce)District Court, D. Colorado · 1984
2 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Steinberg v. NCNB National Bank of North Carolina (In Re Grabill Corp.)United States Bankruptcy Court, N.D. Illinois · 1991
- Gierum v. Glick (In re Glick)United States Bankruptcy Court, N.D. Illinois · 2017
- Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Van Kylen (In Re Van Kylen)United States Bankruptcy Court, W.D. Wisconsin · 1989
- First Trust National Ass'n v. American National Bank & Trust Co. (In Re Adventist Living Centers, Inc.)United States Bankruptcy Court, N.D. Illinois · 1994
- Metro Water & Coffee Services, Inc. v. Rochester Community Baseball, Inc. (In Re Metro Water & Coffee Services, Inc.)United States Bankruptcy Court, W.D. New York · 1993
32 more not listed; retrieve them via the Exa API.