Legal Opinion

In Re Wadsworth Building Components, Inc., Debtor, Gary L. McClendon Trustee v. Cal-Wood Door

Court of Appeals for the Ninth Circuit

Decided July 1, 1983No. 82-3189PublishedCited by 68 opinions

1Opinion of the Court

NORRIS, Circuit Judge:

The question presented by this appeal is whether McClendon, the trustee in Bankruptcy of Wadsworth Building Components (Wadsworth), may under § 547 of the Bankruptcy Code avoid a payment made by Wadsworth to one of its creditors, Cal-Wood Door (Cal-Wood). We hold that the payment made by Wadsworth to Cal-Wood does not fit within any of the exceptions to *123§ 547 and is therefore voidable as a preferential payment.

I

In October, 1979 Cal-Wood sold Wads-worth goods and materials worth $21,-691.45. Wadsworth paid for the goods by check in December. When Cal-Wood deposited the…

2Cases cited5 opinions

  1. Matter of DuffyUnited States Bankruptcy Court, S.D. New York · 1980
  2. Thomas W. Garland, Inc. v. Union Electric Co. (In Re Thomas W. Garland, Inc.)United States Bankruptcy Court, E.D. Missouri · 1982
  3. Pettigrew v. Trust Co. Bank (In Re Bishop)United States Bankruptcy Court, N.D. Georgia · 1982
  4. In Re Fulghum Construction Corp.District Court, M.D. Tennessee · 1981
  5. Federal International Banking Co. v. ChildsCourt of Appeals for the Second Circuit · 1931

3Cited by68 opinions

  1. In re PrescottCourt of Appeals for the Seventh Circuit · 1986
  2. Bankr. L. Rep. P 71,497 in the Matter of John B. Prescott and Janet L. Prescott, Debtors. Appeals of Marine Bank Dane County, Gateway Foods, Inc. & Jerry J. Armstrong, TrusteeCourt of Appeals for the Seventh Circuit · 1986
  3. In Re Lorna Kaye Nys, Debtor, Educational Credit Management Corporation v. Lorna Kaye NysCourt of Appeals for the Ninth Circuit · 2006
  4. Henderson v. Allred (In Re Western World Funding, Inc.)United States Bankruptcy Court, D. Nevada · 1985
  5. Chaitman v. Paisano Automotive Liquids, Inc. (In Re Almarc Manufacturing, Inc.)United States Bankruptcy Court, N.D. Illinois · 1986

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