Legal Opinion
Performance Communications, Inc. v. First National Bank (In Re Performance Communications Inc.)
United States Bankruptcy Court, W.D. Pennsylvania
Decided April 29, 1991No. 19-10205PublishedCited by 18 opinions
1Opinion of the Court
MEMORANDUM OPINION
BERNARD MARKOVITZ, Bankruptcy Judge.
Performance Communications, Inc. (“plaintiff”) has brought this adversary action pursuant to 11 U.S.C. §§ 547(b) and 550(a)(1). Plaintiff seeks to avoid a preference and to recover from defendant First National Bank (“Bank”) the sum of $127,-160.46, which plaintiff paid to Bank in satisfaction of a debt guaranteed by principals of debtor.
Bank has filed a Motion To Dismiss Pursuant To FED.R.CIV.P. 12(b)(6) and Bankruptcy Rule 7012. It maintains that, as a matter of law, plaintiff cannot recover from Bank because said payment is not an…
2Cases cited19 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Reiter v. Sonotone Corp.Supreme Court of the United States · 1979
- United States v. MenascheSupreme Court of the United States · 1955
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- Reiter v. Sonotone Corp.Supreme Court of the United States · 1979
14 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- In Re Erin Food Services, Inc., Debtor, the Travelers Insurance Company v. Cambridge Meridian Group, Inc., in Re Erin Food Services, Inc., Debtor. The Travelers Insurance Company v. Cambridge Meridian Group, Inc.Court of Appeals for the First Circuit · 1992
- Clark v. Balcor Real Estate Finance, Inc. (In re Meridith Hoffman Partners)Court of Appeals for the Tenth Circuit · 1993
- Clark v. Balcor Real Estate Finance, Inc. (In Re Meridith Millard Partners)District Court, D. Colorado · 1992
- In Re KellerUnited States Bankruptcy Court, E.D. Washington · 1993
- Smith v. Richels (In Re Richels)United States Bankruptcy Court, E.D. Virginia · 1994
13 more not listed; retrieve them via the Exa API.