Triad International Maintenance Corp. v. Southern Air Transport, Inc. (In Re Southern Air Transport, Inc.)
Court of Appeals for the Sixth Circuit
1Opinion of the Court
OPINION
ALAN E. NORRIS, Circuit Judge.
The bankruptcy trustee of Southern Air Transport, Inc. (“SAT”), a debtor in a Chapter 11 proceeding, seeks to recover a $100,000 payment made to defendant Triad International Maintenance Corporation (“TIMCO”) as an avoidable preference under the Bankruptcy Code. 11 U.S.C. § 547(b). TIMCO advances two theories in response: that it was a fully secured creditor at the time of the payment; alternatively, that the payment represented a contemporaneous exchange for new value, an exception to the usual rule prohibiting transfers of interest in the debtor’s…
2Cases cited9 opinions
- Philko Aviation, Inc. v. ShacketSupreme Court of the United States · 1983
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- Continental Radio Co. v. Continental Bank & Trust Co.Court of Appeals of Texas · 1963
- Crescent City Aviation v. Beverly Bank of ChicagoIndiana Court of Appeals · 1966
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