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Arrow Electronics, Inc. v. Justus (In Re Kaypro)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided January 21, 1999No. BAP No. SC-97-1183-RiJRY, Bankruptcy No. 90-01609-M7, Adversary No. 93-90784PublishedCited by 8 opinions

1Opinion of the Court

OPINION

RIBLET, Bankruptcy Judge.

Appellant, Arrow Electronics, Inc. (“Arrow”), appeals from a series of decisions of the bankruptcy court, namely, the granting of partial summary judgment in favor of the Trustee, which judgment was based, in part, on the finding that the ordinary course of business exception did not apply; the granting of the Trustee’s motion for reconsideration of a subsequent summary judgment in favor of Arrow, which decision was based on Fed.R.Civ.P. 59(e) and In re Hanna, 72 F.3d 114 (9th Cir.1995); and, after trial, the finding that the Debtor was insolvent at the time of…

2Cases cited36 opinions

  1. School District No. 1j, Multnomah County, Oregon v. Acands, Inc., a Pennsylvania Corporation E.J. Bartells Company, a Washington Corporation A.P. Green Refractories Company, School District No. 1j, Multnomah County, Oregon v. Acands, Inc., a Pennsylvania Corporation, and Fibreboard Corp., a Delaware Corporation as Successor in Interest to the Paraffine Companies, Inc., Pabco Products, Inc., Fibreboard Paper Products Corporation, Plant Rubber & Asbestos Works and Plant Rubber & Asbestos Co., School District No. 1j, Multnomah County, Oregon v. Acands, Inc., a Pennsylvania Corporation Armstrong Cork Company, Inc., a Delaware Corporation Atlas Asbestos Company, Inc., a Canadian Corporation, and Keene Corporation, a New York Corporation Individually and as Successor in Interest to the Baldwin Ehret Hill Company, School District No. 1j, Multnomah County, Oregon v. Acands, Inc., a Pennsylvania Corporation Armstrong Cork Company, Inc., a Delaware Corporation Atlas Asbestos Company, Inc., a Canadian Corporation, and Us Gypsum Company, a Delaware Corporation, School District No. 1j, Multnomah County, Oregon v. Acands, Inc., a Pennsylvania Corporation Armstrong Cork Company, Inc., a Delaware Corporation Atlas Asbestos Company, Inc., a Canadian Corporation, and Owens-Corning Fiberglass Corporation, School District No. 1j, Multnomah County, Oregon v. Acands, Inc., a Pennsylvania Corporation Armstrong Cork Company, Inc., a Delaware Corporation Atlas Asbestos Company, Inc., a Canadian Corporation, and Flintkote Company, a Delaware Corporation, School District No. 1j, Multnomah County, Oregon v. Acands, Inc., a Pennsylvania Corporation Atlas Asbestos Company, Inc., a Canadian Corporation, and Armstrong Cork Company, Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1993
  2. In Re Roblin Industries, Inc., Debtor. William E. Lawson, Trustee, in Bankruptcy of Roblin Industries, Inc. v. Ford Motor CompanyCourt of Appeals for the Second Circuit · 1996
  3. Joseph Long v. Vera Simmons, Lt.Court of Appeals for the Fifth Circuit · 1996
  4. In Re Byron C. Lewis Irene Lewis, Debtors. Byron C. Lewis Irene Lewis v. Mitchell R. ScottCourt of Appeals for the Ninth Circuit · 1996
  5. In Re Fred Hawes Organization, Inc., Debtor. William B. Logan, Trustee v. Basic Distribution CorporationCourt of Appeals for the Sixth Circuit · 1992

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3Cited by8 opinions

  1. In Re Kaypro, Debtor. Arrow Electronics, Inc. v. Howard Justus, Trustee, in Re Kaypro, Debtor. Arrow Electronics, Inc., Successor-In-Interest to Schweber Electronics, Inc. v. Howard Justus, TrusteeCourt of Appeals for the Ninth Circuit · 2000
  2. Lids Corp. v. Marathon Investment Partners, L.P. (In Re Lids Corp.)United States Bankruptcy Court, D. Delaware · 2002
  3. Brandt v. nVidia Corp. (In Re 3dfx Interactive, Inc.)United States Bankruptcy Court, N.D. California · 2008
  4. Diamond Power International, Inc. v. Babcock & Wilcox Co. (In Re Babcock & Wilcox Co.)United States Bankruptcy Court, E.D. Louisiana · 2002
  5. Mendelsohn v. Sequa Financial Corp. (In Re Frank Santora Equipment Corp.)District Court, E.D. New York · 1999

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