Legal Opinion

In the Matter of Chg International, Inc., Debtor. Chg International, Inc. v. Barclays Bank

Court of Appeals for the Ninth Circuit

Decided February 28, 1990No. 88-3889PublishedCited by 34 opinions

1Opinion of the Court

CYNTHIA HOLCOMB HALL, Circuit Judge:

Debtor-appellant CHG International, Inc. (“CHG”) appeals from the district court’s grant of summary judgment to creditor-ap-pellee Barclays Bank PLC (“Barclays”) on the issue of whether CHG could recover as preferential transfers two interest payments it made, to Barclays on undersecured loans within 90 days of the filing of CHG’s Chapter 11 bankruptcy petition. CHG argues that the district court (1) should have found that Congress did not intend the “ordinary course of business” exception in 11 U.S.C. § 547(c) to except payments on long-term debt from…

2Cases cited18 opinions

  1. Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947
  2. David D. Darring v. Larry Kincheloe, Superintendent of the Washington State PenitentiaryCourt of Appeals for the Ninth Circuit · 1986
  3. In Re Iowa Premium Service Co., Inc., Debtor. Iowa Premium Service Co., Inc. v. First National Bank in St. Louis, St. Louis, MissouriCourt of Appeals for the First Circuit · 1982
  4. In the Matter of XONICS IMAGING INC., Debtor. Appeal of CALIFORNIA SUNNYVALE ASSOCIATESCourt of Appeals for the Seventh Circuit · 1988
  5. Henderson v. Allred (In Re Western World Funding, Inc.)United States Bankruptcy Court, D. Nevada · 1985

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3Cited by34 opinions

  1. Union Bank v. WolasSupreme Court of the United States · 1991
  2. Official Committee of Unsecured Creditors of Toy King Distributors, Inc. v. Liberty Savings Bank, FSB (In Re Toy King Distributors, Inc.)United States Bankruptcy Court, M.D. Florida · 2000
  3. Bloom v. MartinDistrict Court, N.D. California · 1994
  4. Rinn v. First Union National Bank of MarylandDistrict Court, D. Maryland · 1995
  5. Upstairs Gallery, Inc. v. MacKlowe West Development Co. (In Re Upstairs Gallery, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994

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