Legal Opinion
In Re Kenneth Neil Pitman and Patricia Roberts Pitman, Debtors. Robert H. Waldschmidt, Trustee v. Mid-State Homes, Inc., and Jim Walter Homes, Inc.
Court of Appeals for the Sixth Circuit
Decided March 30, 1988No. 87-5306PublishedCited by 36 opinions
1Opinion of the Court
MERRITT, Circuit Judge.
This case raises a significant question in bankruptcy concerning the relationship between the concept of a conditional “antecedent debt” and the concept of “contemporaneous exchange for new value” under the preference section of the Revised Bankruptcy Code of 1978, as amended in 1984, 11 U.S.C. § 547 (Supp. 1986). 1 The essen tial question before us is whether the trustee in bankruptcy can avoid as a preference a bankrupt home buyer’s mortgage deed given a month before bankruptcy as security for payment of the purchase price of a home. The transfer was made and recorded…
2Cases cited8 opinions
- Dean v. DavisSupreme Court of the United States · 1917
- In Re ArnettCourt of Appeals for the Sixth Circuit · 1984
- Stewart v. PlattSupreme Court of the United States · 1879
- Clark v. IselinSupreme Court of the United States · 1875
- Charles C. Shaw, as Trustee in Bankruptcy of Bemporad Carpet Mills, Inc., Bankrupt v. Walter E. Heller & CompanyCourt of Appeals for the Fifth Circuit · 1967
3 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Chase Manhattan Mortgage Corp. v. Shapiro (In Re Lee)Court of Appeals for the Sixth Circuit · 2008
- Pine Top Insurance v. Bank of America National Trust & Savings Ass'nCourt of Appeals for the Seventh Circuit · 1992
- In Re Pameco Corp.United States Bankruptcy Court, S.D. New York · 2006
- Pine Top Insurance Company, in Liquidation, an Insolvent Illinois Corporation v. Bank of America National Trust and Savings Association, a California Corporation, Pine Top Insurance Company, in Liquidation, an Insolvent Illinois Corporation v. Century Indemnity Company, a Connecticut Corporation, and Bank of America National Trust and Savings Association, a California CorporationCourt of Appeals for the Seventh Circuit · 1992
- McCorhill Publishing, Inc. Ex Rel. Barr v. Greater New York Savings Bank (In Re McCorhill Publishing, Inc.)United States Bankruptcy Court, S.D. New York · 1988
31 more not listed; retrieve them via the Exa API.