Legal Opinion
In Re Lco Enterprises, Debtor. Lincoln Alvarado Patrician Associates, Inc. Lpc Alvarado Phase II v. Edward M. Walsh, Trustee
Court of Appeals for the Ninth Circuit
Decided December 30, 1993No. 92-15825PublishedCited by 61 opinions
1Opinion of the Court
FERNANDEZ, Circuit Judge:. This appeal concerns the mechanics of applying the “greater amount” test of 11 U.S.C. § 547(b)(5) to determine whether a prepetition payment to a landlord constitutes a preference. The question before us is whether the bankruptcy court must hypothesize whether a hypothetical chapter 7 trustee would assume a lease, or whether the court must base its analysis on the fact that the lease was actually assumed in the chapter 11 proceedings. We conclude that the hypothetical chapter 7 analysis required by § 547(b)(5)1 must be based on the actual facts of the case and…
2Cases cited9 opinions
- Palmer Clay Products Co. v. BrownSupreme Court of the United States · 1936
- In Re Tenna Corporation, Debtor. Charles J. Neuger, Trustee v. United StatesCourt of Appeals for the Sixth Circuit · 1986
- William D. Seidle, as Trustee for the Estate of Airlift International, Inc., Debtor v. Gatx Leasing CorporationCourt of Appeals for the Eleventh Circuit · 1985
- McGoldrick v. Juice Farms, Inc. (In Re Ludford Fruit Products, Inc.)United States Bankruptcy Court, C.D. California · 1989
- In Re Elm Inn, Inc., Debtor. Eldon Anderson Shirley Anderson v. Elm Inn, Inc. Continental Savings of AmericaCourt of Appeals for the Ninth Circuit · 1991
4 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Gayden v. Nourbakhsh (In re Nourbakhsh)Court of Appeals for the Ninth Circuit · 1995
- In Re: Kiwi International Air Lines, Inc. Simon Kimmelman, Trustee in Bankruptcy in No. 02-1037 v. The Port Authority of New York and New Jersey Simon Kimmelman, Trustee in Bankruptcy in No. 02-1038 v. Sabre Decision Technologies, Inc. Simon Kimmelman, Trustee in Bankruptcy in No. 02-1654 v. Cit Group/credit Finance, Inc. A/K/A the Cit Group, IncCourt of Appeals for the Third Circuit · 2003
- Schnelling v. Crawford (In Re James River Coal Co.)United States Bankruptcy Court, E.D. Virginia · 2007
- In the Matter of Superior Toy & Manufacturing Company, Incorporated, Also Known as Carter Manufacturing Company, an Illinois Corporation, Debtor. Appeal of Catherine Steege, Not Individually but as Trustee for Superior Toy & Manufacturing Company, IncorporatedCourt of Appeals for the Seventh Circuit · 1996
- In Re Smith's Home Furnishings, Inc., Debtor. Michael B. Batlan, Trustee v. Transamerica Commercial Finance CorporationCourt of Appeals for the Ninth Circuit · 2001
56 more not listed; retrieve them via the Exa API.