Legal Opinion

In Re Brown

United States Bankruptcy Court, S.D. New York

Decided June 3, 1982No. 18-13479PublishedCited by 13 opinions

1Opinion of the Court

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The trustee in bankruptcy in this Chapter 7 case seeks to recover as an avoidable preference under 11 U.S.C. § 547 the sum of $6664.36 paid by the debtor to the American Express Company for credit card transactions that occurred within 90 days immediately preceding the filing of the debtor’s petition under Chapter 7 of the Bankruptcy Code. The defendant, American Express Company, resists the trustee’s complaint and asserts as a defense that the payment of these clearly antecedent debts should be protected under 11 U.S.C. § 547(c)(2) because the 45-day…

2Cases cited5 opinions

  1. Barash v. Public Finance Corp.Court of Appeals for the Seventh Circuit · 1981
  2. Bass v. Southwestern Bell Telephone Co. (In Re Ray W. Dickey & Sons, Inc.)United States Bankruptcy Court, N.D. Texas · 1980
  3. Sternberg v. Citicorp Credit Services, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
  4. Engel v. City of New YorkNew York Court of Appeals · 1980
  5. Sternberg v. Citicorp Credit Services Inc.New York Court of Appeals · 1980

3Cited by13 opinions

  1. Lingley v. Stuart Shaines, Inc. (In Re Acme-Dunham Inc.)District Court, D. Maine · 1985
  2. Cohen v. Kern (In Re Kennesaw Mint, Inc.)United States Bankruptcy Court, N.D. Georgia · 1983
  3. Richter & Phillips Jewelers & Distributors, Inc. v. Dolly Toy Co. (In Re Richter & Phillips Jewelers & Distributors, Inc.)United States Bankruptcy Court, S.D. Ohio · 1983
  4. Naudain, Inc. v. Schaad Detective Agency (In Re Naudain, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1983
  5. Brooks Shoe Manufacturing Co. v. Metropolitan Edison Co. (In Re Naudain, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1983

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