Legal Opinion

In Re Mama D'angelo, Inc., Debtor. Duane H. Gillman, Trustee v. Scientific Research Products Inc. Of Delaware

Court of Appeals for the Tenth Circuit

Decided May 25, 1995No. 94-4137PublishedCited by 78 opinions

1Opinion of the Court

ALDISERT, Circuit Judge.

This appeal originates from an adversary proceeding filed by the trustee of the bankruptcy estate of Mama D’Angelo, Inc., to avoid, as preferential transfers, two payments the debtor made to Scientific Research Products Inc. of Delaware. The trustee’s appeal from a district court judgment reversing a bankruptcy court order requires us to decide whether the bankruptcy court’s finding of insolvency was clearly erroneous.

The issue presented is one of valuation: Whether the bankruptcy court clearly erred when it found that the debtor was not a going concern on the dates of…

2Cases cited22 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. George S. Krasnov v. Brendan DinanCourt of Appeals for the Third Circuit · 1972
  3. In Re G.S.F. CORPORATION, Debtor, Chase Commercial Corporation, AppellantCourt of Appeals for the First Circuit · 1991
  4. In Re Michael Duane Mullet, Debtor. First Bank of Colorado Springs, a State Banking Corporation v. Michael Duane MulletCourt of Appeals for the First Circuit · 1987
  5. 20 Collier bankr.cas.2d 19, Bankr. L. Rep. P 72,385, 7 Ucc rep.serv.2d 656 in Re Bellanca Aircraft Corporation, Debtor (Three Cases). Edward W. Bergquist, Trustee of the Bankruptcy Estate of Bellanca Aircraft Corporation v. Anderson-Greenwood Aviation Corp., a Texas Corporation Anderson Greenwood & Co., a Texas Corporation, (Two Cases). Edward W. Bergquist, Trustee of the Bankruptcy Estate of Bellanca Aircraft Corporation v. Anderson-Greenwood Aviation Corp., a Texas Corporation Anderson Greenwood & Co., a Texas CorporationCourt of Appeals for the Eighth Circuit · 1988

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3Cited by78 opinions

  1. Burtch v. Opus, LLC (In re Opus East, LLC)United States Bankruptcy Court, D. Delaware · 2015
  2. Bailey v. Big Sky Motors, Ltd.Court of Appeals for the Tenth Circuit · 2002
  3. Diviney v. Nationsbank of Texas (In Re Diviney)Bankruptcy Appellate Panel of the Tenth Circuit · 1998
  4. Broitman v. Kirkland (In Re Kirkland)Court of Appeals for the Tenth Circuit · 1996
  5. Official Committee of Asbestos Personal Injury v. Sealed Air Corp. (In Re W.R. Grace & Co.)United States Bankruptcy Court, D. Delaware · 2002

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