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Legal Opinion

Advo-System, Incorporated v. Maxway Corporation Danners, Incorporated, by and Through Their Official Committee of Unsecured Creditors

Court of Appeals for the Fourth Circuit

Decided October 14, 1994No. 93-2487PublishedCited by 67 opinions

1Opinion of the Court

Affirmed by published opinion. Judge MICHAEL wrote the opinion, in which Judge WILKINSON and Senior Judge DUPREE joined.

OPINION

MICHAEL, Circuit Judge:

Chapter 11 debtors Maxway Corporation and Danners, Incorporated, by and through their Official Committee of Unsecured Creditors (collectively “Maxway”), brought an action pursuant to 11 U.S.C. § 547(b) to recover preference payments made by Maxway to one of its unsecured creditors, Advo-System, Incorporated (“Advo”). Advo asserted as a defense that the preference payments fell within the ordinary course of business exception in 11 U.S.C. §…

2Cases cited10 opinions

  1. Ross v. Communications Satellite Corp.Court of Appeals for the Fourth Circuit · 1985
  2. In the Matter of Tolona Pizza Products Corporation, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1993
  3. In Re Craig Oil Company, Debtor. Marathon Oil Company v. William M. Flatau, TrusteeCourt of Appeals for the Eleventh Circuit · 1986
  4. In Re Molded Acoustical Products, Inc., Debtor. Fiber Lite Corporation v. Molded Acoustical Products, Inc.Court of Appeals for the Third Circuit · 1994
  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 by67 opinions

  1. In Re Roblin Industries, Inc., Debtor. William E. Lawson, Trustee, in Bankruptcy of Roblin Industries, Inc. v. Ford Motor CompanyCourt of Appeals for the Second Circuit · 1996
  2. In Re Globe Manufacturing Corp.Court of Appeals for the Eleventh Circuit · 2009
  3. 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
  4. In Re Carled, Inc., Debtor. Frederick M. Luper, Trustee v. Columbia Gas of Ohio, Inc.Court of Appeals for the Sixth Circuit · 1996
  5. In the Matter of Midway Airlines, Incorporated, Debtor. Appeal of Jensen Cabinet, IncorporatedCourt of Appeals for the Seventh Circuit · 1995

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