Legal Opinion
Denaburg v. Post Welding Supply Co., Inc.
District Court, N.D. Alabama
Decided September 11, 1980No. Civ. A. 79-X-1440-SPublishedCited by 12 opinions
1Opinion of the Court
MEMORANDUM OPINION
FINDINGS OF FACT AND CONCLUSIONS OF LAW
GROOMS, District Judge.
This is an action to set aside an alleged voidable preference under Section 60 of the Bankruptcy Act, 11 U.S.C.A. § 96.
The burden rests upon the Trustee to allege and prove that the preference was voidable. Mizell v. Phillips, 240 F.2d 738 (5th Cir. 1957). If the recipient of the funds in payment of an antecedent debt had reasonable cause to believe that the bankrupt was insolvent at the time of payment, the transfer-if made within four months of bankruptcy, is voidable. Id. The question of probable cause to…
2Cases cited11 opinions
- The Inter-State National Bank of Kansas City v. Frank Luther, Trustee, Matter of Garden Grain & Seed Company, Inc., BankruptCourt of Appeals for the Tenth Circuit · 1955
- Rogers v. PalmerSupreme Court of the United States · 1880
- Leonard Mizell v. H. A. Phillips, as Trustee of the Estate of J. Sam Muckleroy, BankruptCourt of Appeals for the Fifth Circuit · 1957
- Lang v. First Nat. Bank in HoustonCourt of Appeals for the First Circuit · 1954
- Margolis v. GEM Factors Corp.Court of Appeals for the Second Circuit · 1953
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- McWilliams v. Gordon (In Re Camp Rockhill, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1981
- Schick Oil & Gas, Inc. Ex Rel. Mahaffey v. Federal Deposit Insurance Corp. (In Re Schick Oil & Gas, Inc.)United States Bankruptcy Court, W.D. Oklahoma · 1983
- Philadelphia Light Supply Co. v. B.R.K. Electronics (In Re Philadelphia Light Supply Co.)United States Bankruptcy Court, E.D. Pennsylvania · 1983
- Jackson Purchase Production Credit Ass'n v. Taylor (In Re Taylor)United States Bankruptcy Court, W.D. Kentucky · 1983
- Margraff v. Gruber Bottling Works, Inc. (In Re Gruber Bottling Works, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1982
7 more not listed; retrieve them via the Exa API.