Legal Opinion
James A. Lewis, Esquire, Trustee for Joseph M. Eaton Builders, Inc. v. Thomas J. And Linda M. Diethorn
Court of Appeals for the Third Circuit
Decided February 13, 1990No. 89-3561PublishedCited by 40 opinions
1Opinion of the Court
OPINION OF THE COURT
GIBBONS, Chief Judge:
In this dispute a trustee in bankruptcy has sought to exercise his powers to avoid, as a preferential transfer, the debtor’s payment to settle litigation in Pennsylvania court and so to remove a Us pendens on certain real estate, for the sale and purchase of which he had entered into a con tract with the defendants. The trustee prevailed in bankruptcy court, and the district court affirmed. We will reverse.
I
Thomas J. and Linda M. Diethorn, the defendants here, entered into a contract with a developer, Joseph M. Eaton Builders, Inc. They paid $3,000 as…
2Cases cited9 opinions
- McCannon v. MarstonCourt of Appeals for the Third Circuit · 1982
- Di Pierro v. Cullen (In Re Taddeo)United States Bankruptcy Court, E.D. New York · 1981
- Long John Silver's, Inc. v. FioreSuperior Court of Pennsylvania · 1978
- Peoples Bank of Tuscaloosa v. Computer Room, Inc. (In Re Computer Room, Inc.)United States Bankruptcy Court, N.D. Alabama · 1982
- Gladowski v. FelczakSupreme Court of Pennsylvania · 1943
4 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Lewis v. DiethornSupreme Court of the United States · 1990
- Baker Hughes Oilfield Operations, Inc. v. Cage (In Re Ramba, Inc.)Court of Appeals for the Fifth Circuit · 2005
- In Re StoeckerUnited States Bankruptcy Court, N.D. Illinois · 1992
- Upstairs Gallery, Inc. v. MacKlowe West Development Co. (In Re Upstairs Gallery, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
- Aspen Data Graphics, Inc. v. Boulton (In Re Aspen Data Graphics, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1990
35 more not listed; retrieve them via the Exa API.