Legal Opinion
Hood v. Brownyard-Sharon Park Center, Inc. (In Re Hood)
United States Bankruptcy Court, D. South Carolina
Decided June 4, 1990No. 19-01272PublishedCited by 4 opinions
1Opinion of the Court
ORDER
WILLIAM THURMOND BISHOP, Bankruptcy Judge.
This matter came before the court for trial on April 26, 1990, on the Plaintiff’s Complaint to avoid a preference, and the defendant’s answer which raised the “earmarking” doctrine, contending that the transfer was not from the debtor, and therefore not a preference.
Upon the evidence presented and the briefs and arguments of counsel, the court finds as follows:
FACTUAL FINDINGS
1. The debtor, Hood, who operates a retail store selling mattresses and bedding, formerly leased space in a shopping center owned by Brownyard-Shannon Park Center, Inc.…
2Cases cited13 opinions
- In Re Bullion Reserve of North America, a California Corporation, Curtis B. Danning, Chapter 7 Trustee v. Theodore P. BozekCourt of Appeals for the Ninth Circuit · 1988
- Bankr. L. Rep. P 71,434 Coral Petroleum, Inc. v. Banque Paribas-LondonCourt of Appeals for the Fifth Circuit · 1986
- 17 Collier bankr.cas.2d 550, Bankr. L. Rep. P 71,951 in Re James Ross Hartley & Sharon Lee Hartley, D/B/A Hartley Trucking, Debtors. Suzanne Cotner Mandross, Successor-Trustee v. Peoples Banking CompanyCourt of Appeals for the Sixth Circuit · 1987
- In re PrescottCourt of Appeals for the Seventh Circuit · 1986
- Grubb v. General Contract Purchase CorporationCourt of Appeals for the Second Circuit · 1938
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3Cited by4 opinions
- Steinberg v. NCNB National Bank of North Carolina (In Re Grabill Corp.)United States Bankruptcy Court, N.D. Illinois · 1991
- Campbell v. Hanover InsuranceDistrict Court, W.D. North Carolina · 2011
- Wasserman v. Village Associates (In Re Freestate Management Services, Inc.)United States Bankruptcy Court, D. Maryland · 1993
- Hopkins Hospitality Investors, LLC v. GuttmanDistrict Court, D. Maryland · 2024