Legal Opinion
Stuart v. Pingree (In Re Afco Development Corp.)
United States Bankruptcy Court, D. Utah
Decided August 22, 1986No. 10-03016PublishedCited by 44 opinions
1Opinion of the Court
GLEN E. CLARK, Bankruptcy Judge.
This matter came before the Court on the defendants’ motion to dismiss the trustee’s complaint to avoid an alleged preferential transfer from the debtor, Afeo Development Corporation, to the defendants. The Court is called upon to decide whether a trustee appointed under Chapter 11 of the Bankruptcy Code, who is subsequently appointed to serve as Chapter 7 trustee upon conversion of the case, has two years after the date of his second appointment within which to commence a proceeding under Section 547 of the Code.
FACTS AND PROCEDURAL BACKGROUND
The essential…
2Cases cited25 opinions
- Crown, Cork & Seal Co. v. ParkerSupreme Court of the United States · 1983
- Commodity Futures Trading Commission v. WeintraubSupreme Court of the United States · 1985
- Anderson v. YungkauSupreme Court of the United States · 1947
- Merrill v. Abbott (In Re Independent Clearing House Co.)United States Bankruptcy Court, D. Utah · 1984
- Page v. RogersSupreme Court of the United States · 1909
20 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Hyman v. Plotkin (In Re Hyman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1991
- In Re M & L Business MacHine Company, Inc., Debtor. Christine J. Jobin, Trustee of the Estate of M & L Business MacHine Company, Inc. v. Vincent Boryla, Also Known as V.J. Boryla, as Trustee of the Eagle Trace Employee Pension Plan Eagle Trace Employee Pension Plan, and Vincent Boryla, Also Known as V.J. Boryla, Individually Robert G. Joseph, in Re M & L Business MacHine Company, Inc., Debtor. Christine J. Jobin, Trustee of the Estate of M & L Business MacHine Company, Inc. v. Freda Vizcarra, Erroneously Sued as Fernando or F. VizcarraCourt of Appeals for the Tenth Circuit · 1996
- White v. Boston (In Re White)District Court, S.D. Indiana · 1989
- In Re HerbermanUnited States Bankruptcy Court, W.D. Texas · 1990
- Ford v. Union Bank (In re San Joaquin Roast Beef)Court of Appeals for the Ninth Circuit · 1993
39 more not listed; retrieve them via the Exa API.