Legal Opinion

Shaw Industries, Inc. v. Gill (In Re Flooring Concepts, Inc.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided April 4, 1984No. BAP No. CC 82-1290 VGAB, Bankruptcy No. LA-81-04745-RM, Adv. No. LA 81-3702-RMPublishedCited by 34 opinions

1Opinion of the Court

OPINION

This is an appeal from the trial court’s decision that certain payments made by a general contractor directly to the subcontractor-debtor’s materialman constituted voidable transfers under § 547 of the Bankruptcy Code.

The trustee cross-appealed the trial court’s decision that certain payments made by a general contractor to the debtor’s laborers and to purchase additional carpeting were not preferential as to the material-man.

We REVERSE as to the appeal and AFFIRM as to the cross-appeal.

I. FACTS

Konwiser Corporation (“Konwiser”) was the general contractor for the construction of an…

2Cases cited8 opinions

1 Collier bankr.cas.2d 42, Bankr. L. Rep. P 67,033 Ralph I. Selby, Trustee in Bankruptcy for the Frimberger Corporation v. Ford Motor CompanyCourt of Appeals for the Sixth Circuit · 1979
Keenan Pipe & Supply Company, a Corporation v. B. E. Shields, as Trustee in Bankruptcy of James T. InmanCourt of Appeals for the Ninth Circuit · 1956
Young v. Scandore Paper Box Corp. (In Re Lucasa International, Ltd.)United States Bankruptcy Court, S.D. New York · 1981
Ben Greenblatt v. Ernest R. Utley, Trustee in Bankruptcy for Moses A. Fleming, a BankruptCourt of Appeals for the Ninth Circuit · 1956
Mullins v. Noland Co.District Court, N.D. Georgia · 1975

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

3Cited by34 opinions

In the Matter of Corland Corporation, Debtor. James L. Stephenson, and United Bank, N.A., Cross-Appellees v. Duke Salisbury, Cross-AppellantCourt of Appeals for the Fifth Circuit · 1992
Hall-Mark Electronics Corp. v. Sims (In Re Lee)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
Sierra Steel, Inc. v. S & S Steel Fabrication (In Re Sierra Steel, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1989
In Re Davidson Lumber Sales, Inc., Debtor. Zions First National Bank, N.A. v. Christiansen Brothers, Inc., and Jacobsen-Robbins ConstructionCourt of Appeals for the First Circuit · 1995
Enserv Co. v. Manpower, Inc./California Peninsula (In Re Enserv Co.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986

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