Legal Opinion
Commodity Exchange Services Co. v. Cotton Board (In Re Commodity Exchange Services Co.)
United States Bankruptcy Court, N.D. Texas
Decided July 3, 1986No. 19-30737PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OF DECISION CONCERNING DEFENDANTS’ MOTION TO DISMISS OR FOR SUMMARY JUDGMENT AND PLAINTIFF’S CROSS-MOTION FOR SUMMARY JUDGMENT
JOHN C. AKARD, Bankruptcy Judge.
Pursuant to 11 U.S.C. § 547, the Plaintiff/Debtor-in-Possession, COMMODITY EXCHANGE SERVICES COMPANY (CXS), attempts to recover as a preferential transfer the amount of $846,500.13 paid by CXS to THE COTTON BOARD (Board) in two installments within 90 days of the filing of CXS’ Petition in Bankruptcy.
The Board claims that the funds transferred to it were not the property of the Debtor because the statutory scheme enacted by…
2Cases cited6 opinions
- Georgia Pacific Corporation v. Sigma Service CorporationCourt of Appeals for the Fifth Circuit · 1983
- United States v. RandallSupreme Court of the United States · 1971
- In the Matter of Kennedy & Cohen, Inc. State of Wisconsin v. Melvin Reese, TrusteeCourt of Appeals for the Fifth Circuit · 1980
- Hargadon v. Cove State Bank (In Re Jaggers)United States Bankruptcy Court, W.D. Texas · 1985
- Neochem Corp. v. Behring International, Inc. (In Re Behring International, Inc.)United States Bankruptcy Court, N.D. Texas · 1986
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3Cited by5 opinions
- Murray Drabkin v. District of Columbia, Murray Drabkin, Trustee v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1987
- Hertzberg v. American Electrical Contractors (In Re Steel Improvement Co.)United States Bankruptcy Court, E.D. Michigan · 1987
- Commodity Exchange Services Co. v. Cotton Board (In Re Commodity Exchange Services Co.)District Court, N.D. Texas · 1986
- Murray Drabkin v. District of Columbia, Murray Drabkin, Trustee v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1987
- United States v. Marr (In re Flowers, Deverell & Crawford)United States Bankruptcy Court, W.D. Tennessee · 1986