Legal Opinion

Ring v. First Niagara Bank, N.A. (In re Sterling United, Inc.)

United States Bankruptcy Court, W.D. New York

Decided October 3, 2014No. Bankruptcy No. 13-11351 K; Adversary No. 14-1017 KPublishedCited by 1 opinion

1Opinion of the Court

MICHAEL J. KAPLAN, Bankruptcy Judge.

This Adversary Proceeding was commenced by the Chapter 7 Trustee on March 20, 2014, alleging avoidable preferential transfers to the Defendant, pursuant to 11 U.S.C. § 547(b).1 The Trustee seeks to recover more than $300,000 in payments made by the Debtor, and also more than $300,000 in proceeds from collateral liquidated by the Defendant. Defendant First Niagara Bank answered the Complaint and subsequently filed a Motion for Judgment on the pleadings, seeking dismissal of the Complaint. Defendant also requested attorney fees and costs. In response, the…

2Cases cited10 opinions

  1. In Re Howard's Appliance Corp., Debtor. Sanyo Electric, Inc. v. Howard's Appliance Corp.Court of Appeals for the Second Circuit · 1989
  2. I.A. Durbin, Inc. v. Jefferson National Bank (In Re I.A. Durbin, Inc.)United States Bankruptcy Court, S.D. Florida. · 1985
  3. Itt Commercial Finance Corporation v. Bank of the WestCourt of Appeals for the Fifth Circuit · 1999
  4. F.C.C. National Bank v. Reid (In Re Reid)United States Bankruptcy Court, W.D. New York · 1999
  5. Allied Mutual Insurance v. Midplains Waste Management, L.L.C.Nebraska Supreme Court · 2000

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3Cited by1 opinion

  1. In re 8760 Serv. Grp., LLCUnited States Bankruptcy Court, W.D. Missouri · 2018

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