Legal Opinion
Block v. Texas Commerce Bank National Ass'n (In re the Midwestern Companies)
District Court, W.D. Missouri
Decided December 15, 1988No. Bankruptcy No. 84-01679-SW-11; Adv. No. 88-0624-SW-11PublishedCited by 3 opinions
1Opinion of the Court
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS COMPLAINT FOR RECOVERY OF PREFERENCE AND FINAL JUDGMENT OF DISMISSAL
DENNIS J. STEWART, Chief Judge. .
This is an action brought by the trustee in bankruptcy for the purpose of recovering from the defendant, as a preference within the meaning of § 547 of the Bankruptcy Code, some $2,032,800.00 which was transferred to it within the year next preceding bankruptcy to pay a preexisting loan but not within the 90-day period next preceding bankruptcy. The trustee does not contend that the defendant is an “insider” of the debtor so that the provisions of §…
2Cases cited9 opinions
- Donald Katz, Trustee in Bankruptcy of Oakland Foundry Company of Belleville, Illinois, Inc. v. The First National Bank of Glen HeadCourt of Appeals for the First Circuit · 1978
- Goldberger v. Davis Jay Corregated Box Corp. (In Re Mercon Industries, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1984
- Schmitt v. Equibank (In Re R.A. Beck Builder, Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 1983
- Mixon v. Mid-Continent Systems, Inc. (In Re Big Three Transportation, Inc.)United States Bankruptcy Court, W.D. Arkansas · 1983
- Seeley v. Church Buildings & Interiors, Inc. (In Re Church Buildings & Interiors, Inc.)United States Bankruptcy Court, W.D. Oklahoma · 1981
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3Cited by3 opinions
- In Re Sufolla, Inc.Court of Appeals for the Ninth Circuit · 1993
- Official Unsecured Creditors Committee of Sufolla, Inc. ex rel. Estate of Sufolla, Inc. v. U.S. National BankCourt of Appeals for the Ninth Circuit · 1993
- Matter of Midwestern Companies Inc.United States Bankruptcy Court, W.D. Missouri · 1988