Legal Opinion
Moltech Power Systems, Inc. v. Tooh Dineh Industries, Inc. (In re Moltech Power Systems, Inc.)
United States Bankruptcy Court, N.D. Florida
Decided June 27, 2005No. Bankruptcy No. 01-00335-LMK; Adversary No. 03-90048-LMKPublishedCited by 2 opinions
1Opinion of the Court
ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
LEWIS M. KILLIAN, JR., Bankruptcy Judge.
THIS MATTER came before the Court for hearing on May 5, 2005, upon the Motion for Summary Judgment filed by Plaintiff Moltech Power Systems (“Moltech”), the debtor-in-possession in the Chapter 11 case. Moltech seeks to avoid as preferences certain payments it made to creditor Tooh Dineh. 11 U.S.C. § 547(b). Tooh Dineh claims these payments cannot be avoided because they were made within the ordinary course of business. 11 U.S.C. § 547(c)(2). This Court has jurisdiction under 28 U.S.C. § 1334, and…
2Cases cited25 opinions
- Vernon EARLEY and Garey Noe, Plaintiffs-Appellants, v. CHAMPION INTERNATIONAL CORP., Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1990
- In Re Craig Oil Company, Debtor. Marathon Oil Company v. William M. Flatau, TrusteeCourt of Appeals for the Eleventh Circuit · 1986
- In Re Molded Acoustical Products, Inc., Debtor. Fiber Lite Corporation v. Molded Acoustical Products, Inc.Court of Appeals for the Third Circuit · 1994
- In Re M & L Business Machine Company, Inc.Court of Appeals for the Tenth Circuit · 1996
- Thomas G. Lovett, Jr., Trustee for Transportation Systems International, Inc. v. St. Johnsbury TruckingCourt of Appeals for the Eighth Circuit · 1991
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3Cited by2 opinions
- Davis v. R.A. Brooks Trucking, Co. (In re Quebecor World (USA), Inc.)United States Bankruptcy Court, S.D. New York · 2013
- In Re Moltech Power Systems, Inc.United States Bankruptcy Court, N.D. Florida · 2005