Legal Opinion
Davis v. Clarklift-West, Inc. (In re Quebecor World (USA), Inc.)
United States Bankruptcy Court, S.D. New York
Decided October 14, 2014No. Case No. 08-10152 (JMP) (Jointly Administered); Adv. Pro. No. 10-1568 (SHL)PublishedCited by 5 opinions
1Opinion of the Court
Chapter 11
MEMORANDUM OF DECISION GRANTING MOTION FOR SUMMARY JUDGMENT
SEAN H. LANE, UNITED STATES BANKRUPTCY JUDGE
Before the Court is a motion for summary judgment filed by Plaintiff Eugene I. Davis, Litigation Trustee for the Quebecor World Litigation Trust (the “Trustee”). The Trustee asserts that ten transfers totaling $69,207.60 by the debtors to the defendant Clarklift-West, Inc. (“Clarklift”), shortly before the filing of the bankruptcy case, are preferences under Section 547(b) of the Bankruptcy Code (the “Code”). After accounting for undisputed defenses, the Trustee seeks the return of…
2Cases cited26 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Stern v. MarshallSupreme Court of the United States · 2011
- Katchen v. LandySupreme Court of the United States · 1966
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3Cited by5 opinions
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- Vaqueria Tres Monjitas, Inc. v. Wiscovitch-Rentas (In re PMC Marketing, Corp.)District Court, D. Puerto Rico · 2015
- Caruso v. John Wiley & Sons, Inc.United States Bankruptcy Court, S.D. Indiana · 2021
- In re: The Great Atlantic & Pacific Tea Company, Inc., et al. v. McKesson Specialty Care Distribution Corporation (Sued as McKesson Specialty Distribution LLC)United States Bankruptcy Court, S.D. New York · 2026
- The Official Committee of Unsecured Creditors on behalf of the bankruptcy estate of The Great Atlantic & Pacific Tea Company, Inc., et al. v. McKesson Specialty Care Distribution Corporation (Sued as McKesson Specialty Distribution LLC)United States Bankruptcy Court, S.D. New York · 2026