Legal Opinion
Tennessee Wheel & Rubber Co. v. Street (In Re Tennessee Wheel & Rubber Co.)
United States Bankruptcy Court, M.D. Tennessee
Decided July 29, 1986No. Bankruptcy No. 384-01237, Adv. No. 385-0375PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM
KEITH M. LUNDIN, Bankruptcy Judge.
In this preference action the issues are: (1) whether the defendant was an insider; and (2) whether the defendant had reasonable cause to believe the debtor was insolvent. 1 I find in the affirmative on both issues.
The following constitute findings of facts and conclusions of law. Bankr.R. 7052. This is a core proceeding. 28 U.S.C. § 157(b)(2)(F) (1984).
I
On August 22, 1983, Thomas E. Street (“Street”) loaned the debtor, Tennessee Wheel and Rubber Company (“Tennessee Wheel”), $30,000 to be repaid with interest
on September 2, 1983. At the time, Street…
2Cases cited9 opinions
- Grant v. National BankSupreme Court of the United States · 1878
- In the Matter of Arthur D. And Patricia Newcomb, Debtors. Thomas J. Carlson, Trustee v. Farmers Home AdministrationCourt of Appeals for the Eighth Circuit · 1984
- DeRosa v. Buildex Inc. (In Re F & S Central Manufacturing Corp.)United States Bankruptcy Court, E.D. New York · 1985
- Loftis v. Minar (In Re Montanino)United States Bankruptcy Court, D. New Jersey · 1981
- Waldschmidt v. Ford Motor Credit Co. (In Re Murray)United States Bankruptcy Court, M.D. Tennessee · 1983
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3Cited by5 opinions
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- Sticka v. Anderson (In Re Anderson)United States Bankruptcy Court, D. Oregon · 1994
- EECO Inc. v. Smedes (In Re EECO Inc.)United States Bankruptcy Court, C.D. California · 1992
- French v. Nardolillo (In Re Perry)United States Bankruptcy Court, N.D. Ohio · 1993
- Pummill v. McGivern (In Re American Eagle Coatings, Inc.)United States Bankruptcy Court, W.D. Missouri · 2006