Legal Opinion
Deardorff v. Ford Motor Credit Co. (In Re Deardorff)
United States Bankruptcy Court, W.D. Wisconsin
Decided April 10, 1996No. 1-19-10560PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION, FINDINGS OF FACT, AND CONCLUSIONS OF LAW
THOMAS S. UTSCHIG, Bankruptcy Judge.
The debtors filed this adversary proceeding against the defendant, Ford Motor Credit Company (“Ford”), to obtain the return of certain funds Ford received pursuant to a continuing wage garnishment. As the funds were taken from Mr. Deardorffs paycheck within the 90 days preceding the bankruptcy filing, the debtors contend that these withdrawals constitute preferential transfers under 11 U.S.C. § 547. The debtors have submitted a motion for summary judgment, and the parties agree that the resolution…
2Cases cited29 opinions
- United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
- Barnhill v. JohnsonSupreme Court of the United States · 1992
- Securities & Exchange Commission v. United States Realty & Improvement Co.Supreme Court of the United States · 1940
- American United Mutual Life Insurance v. City of Avon ParkSupreme Court of the United States · 1940
- In the Matter of Joseph D. Smith, Doing Business as J.D. Management Services and G.L. Properties, Debtor. Appeal of David R. Boyer, TrusteeCourt of Appeals for the Seventh Circuit · 1992
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3Cited by3 opinions
- In Re MaysUnited States Bankruptcy Court, D. New Jersey · 2000
- In Re EarleyUnited States Bankruptcy Court, N.D. Illinois · 2004
- In Re EhlenUnited States Bankruptcy Court, W.D. Wisconsin · 1996