Legal Opinion
Pokela v. Red Owl Stores, Inc. (In Re Dakota Country Store Foods, Inc.)
United States Bankruptcy Court, D. South Dakota
Decided December 11, 1989No. 19-40072PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM DECISION
PEDER K. ECKER, Bankruptcy Judge.
ACTION
Chapter 7 Trustee A. Thomas Pokela (Trustee) filed an adversary complaint seeking adjudication of whether: the repossession of a grocery store by Red Owl Stores, Inc. (Red Owl), and the other named defendants is an 11 U.S.C. § 547(b) preference (hereinafter the 11 U.S.C. is omitted where a section to 11 U.S.C. is referenced); defendants’ security interests are voidable pursuant to Section 544; transfers to Red Owl defrauded creditors, as less than reasonably equivalent value was received; transfers Red Owl ordered while controlling…
2Cases cited70 opinions
- Pepper v. LittonSupreme Court of the United States · 1939
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Towne v. EisnerSupreme Court of the United States · 1918
- In the Matter of Mobile Steel Company, Debtor. Elaine E. Benjamin v. Lester Y. Diamond, as Trustee in Bankruptcy for Mobile Steel, Inc.Court of Appeals for the Fifth Circuit · 1977
- Heiser v. WoodruffSupreme Court of the United States · 1946
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3Cited by6 opinions
- Murphy v. Meritor Savings Bank (In Re O'Day Corp.)United States Bankruptcy Court, D. Massachusetts · 1991
- Claussen v. Brookings County (In Re Claussen)United States Bankruptcy Court, D. South Dakota · 1990
- Frank Griffin Volkswagen, Inc. v. SmithDistrict Court of Appeal of Florida · 1992
- Paramount International, Inc. v. First Midwest Bank, N.A. (In Re Paramount International, Inc.)United States Bankruptcy Court, N.D. Illinois · 1993
- Waldschmidt v. Park Bank (In Re Rude)United States Bankruptcy Court, E.D. Wisconsin · 1990
1 more not listed; retrieve them via the Exa API.