Legal Opinion

Charles C. Shaw, Trustee in Bankruptcy of Bemporad Carpet Mills, Inc. v. United States Rubber Company, Naugatuck Chemical Division

Court of Appeals for the Fifth Circuit

Decided May 31, 1966No. 22837PublishedCited by 13 opinions

1Opinion of the Court

TUTTLE, Chief Judge.

This is an appeal from the judgment of the District Court, setting aside an order of the Referee in Bankruptcy avoiding an alleged preference in the sum of $5,655.15, paid by the bankrupt to United States Rubber Company, Naugatuck Chemical Division, within four months of bankruptcy.

The alleged preference arose by appellee’s receipt, on January 6,1964, of the proceeds of a check for the amount sued for as a payment on a past-due account. The company filed its voluntary petition, and was judged a bankrupt on March 18th, a little over two months later. The only contested…

2Cases cited4 opinions

  1. Galena Oaks Corporation v. Frank Scofield, Collector of Internal RevenueCourt of Appeals for the Fifth Circuit · 1954
  2. Grant v. National BankSupreme Court of the United States · 1878
  3. Robert K. Mayo, as Trustees in Bankruptcy of Twin City Construction Company, Inc., Bankrupt v. Pioneer Bank & Trust CompanyCourt of Appeals for the Fifth Circuit · 1962
  4. George Clower, Trustee in Bankruptcy of the Estate of Sinton Plumbing & Supply Company, Inc. v. First State Bank of San Diego, TexasCourt of Appeals for the First Circuit · 1965

3Cited by13 opinions

  1. E. Penn Nicholson, Trustee for the Estate of Carolee's Combine, Inc. v. First Investment Company and Bill BeltzerCourt of Appeals for the First Circuit · 1983
  2. McWilliams v. Gordon (In Re Camp Rockhill, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1981
  3. Cecil Frances Adler, Bankrupt v. John Nicholas, Trustee in BankruptcyCourt of Appeals for the Fifth Circuit · 1967
  4. Margraff v. Gruber Bottling Works, Inc. (In Re Gruber Bottling Works, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1982
  5. Pioneer Home Builders, Inc. v. International Bank of Commerce (In Re Pioneer Home Builders, Inc.)United States Bankruptcy Court, W.D. Texas · 1992

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