Legal Opinion

Bohm v. Golden Knitting Mills, Inc. (In Re Forman Enterprises, Inc.)

United States Bankruptcy Court, W.D. Pennsylvania

Decided June 3, 2003No. 19-10172PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

The chapter 7 trustee seeks in accordance with § 547(b) of the Bankruptcy Code to avoid as a preference a transfer debtor Forman Enterprises, Inc. made to defendant Golden Knitting Mills, Inc. (“Golden”) some five weeks prior to the filing of debtor's bankruptcy petition as payment for a shipment of sweaters previously received from Golden. .

Golden denies that one of the requirements of a preference is present in this case. To the extent the transfer qualifies as a preference, Golden alternatively asserts that it falls within the scope of…

2Cases cited17 opinions

  1. Union Bank v. WolasSupreme Court of the United States · 1991
  2. 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
  3. In Re Molded Acoustical Products, Inc., Debtor. Fiber Lite Corporation v. Molded Acoustical Products, Inc.Court of Appeals for the Third Circuit · 1994
  4. In Re Fulghum Construction Corp., Debtor. Robert H. Waldschmidt, Trustee v. Harry H. Ranier, Algin Nolan, and Ranier & AssociatesCourt of Appeals for the Sixth Circuit · 1989
  5. In the Matter of J.P. Fyfe, Inc. Of Florida v. Bradco Supply CorporationCourt of Appeals for the Third Circuit · 1989

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3Cited by12 opinions

  1. Jubber v. SMC Electrical Products, Inc.Court of Appeals for the Tenth Circuit · 2015
  2. Stanziale v. Southern Steel & Supply, L.L.C. (In re Conex Holdings, LLC)United States Bankruptcy Court, D. Delaware · 2014
  3. Sass ex rel. American Home Mortgage Plan Trust v. Vector Consulting, Inc. (In re American Home Mortgage Holdings, Inc.)United States Bankruptcy Court, D. Delaware · 2012
  4. Waslow v. Interpublic Group of Companies, Inc. (In Re M Group, Inc.)District Court, D. Delaware · 2004
  5. Dots, LLC v. Milberg Factors, Inc. (In re Dots, LLC.)United States Bankruptcy Court, D. New Jersey · 2017

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