Legal Opinion

Miller v. Perini Corp. (In Re A.J. Lane & Co.)

United States Bankruptcy Court, D. Massachusetts

Decided February 18, 1994No. 19-10733PublishedCited by 7 opinions

1Opinion of the Court

OPINION

JAMES F. QUEENAN, Jr., Chief Judge.

This is a preference action. The principal issue raised is whether a pattern of late payments following dunning calls places the payments “in the ordinary course of business ... of the debtor and the transferee,” within the meaning of section 547(c)(2)(B) of the Bankruptcy Code. Stanley Miller (the “Trustee”), as trustee of the bankruptcy estate of A.J. Lane & Co., Inc. (“Lane, Inc.”), brings the action against Perini Corporation (“Perini”). Except for the issue of insolvency, the parties agree the dispositive issues are questions of law rather than…

2Cases cited37 opinions

  1. National Bank of Newport v. National Herkimer County Bank of Little FallsSupreme Court of the United States · 1912
  2. In Re Craig Oil Company, Debtor. Marathon Oil Company v. William M. Flatau, TrusteeCourt of Appeals for the Eleventh Circuit · 1986
  3. Bankr. L. Rep. P 71,434 Coral Petroleum, Inc. v. Banque Paribas-LondonCourt of Appeals for the Fifth Circuit · 1986
  4. Wjm, Inc., Etc. v. Massachusetts Department of Public WelfareCourt of Appeals for the First Circuit · 1988
  5. In Re Fred Hawes Organization, Inc., Debtor. William B. Logan, Trustee v. Basic Distribution CorporationCourt of Appeals for the Sixth Circuit · 1992

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3Cited by7 opinions

  1. Gray v. Travelers Insurance (In Re Neponset River Paper Co.)Bankruptcy Appellate Panel of the First Circuit · 1999
  2. McCarthy v. Navistar Financial Corp. (In Re Vogel Van & Storage, Inc.)District Court, N.D. New York · 1997
  3. Ferrer v. Prusa Distributing Corp. (In Re Kiddy Toys, Inc.)United States Bankruptcy Court, D. Puerto Rico · 1994
  4. Steege v. at & T (In Re Superior Toy & Manufacturing Co.)United States Bankruptcy Court, N.D. Illinois · 1995
  5. Cruickshank v. George R. Roberts Co. (In re Bos. Grand Prix, LLC)United States Bankruptcy Court, D. Massachusetts · 2019

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