Legal Opinion
In Re Belknap, Inc., Debtor. Official Unsecured Creditors' Committee of Belknap, Inc. v. The Shaler Corporation
Court of Appeals for the Sixth Circuit
Decided July 25, 1990No. 89-6235PublishedCited by 26 opinions
1Opinion of the Court
MERRITT, Chief Judge.
The preference problem in this case involving three checks issued by the bankrupt debtor requires an interpretation of section 547(b) of the 1978 Bankruptcy Act. That section provides that “the trustee may avoid any transfer of an interest of the debtor in property” made on or within 90 days of the filing of the bankruptcy petition. 11 U.S.C. § 547(b) (1988) (emphasis added). 1 The two main questions present ed are: (1) Is a bankrupt debtor’s check to be treated as a cash transaction at the time of its delivery to the creditor so that a check delivered more than 90 days…
2Cases cited14 opinions
- Steele v. Louisville & Nashville RailroadSupreme Court of the United States · 1944
- McKenzie v. Irving Trust Co.Supreme Court of the United States · 1945
- Prudence Realization Corp. v. GeistSupreme Court of the United States · 1942
- Antonio O'neill, as Trustee for Caceres & Johnson P.R., Inc. v. Nestle Libbys P.R., Inc.Court of Appeals for the First Circuit · 1984
- In Re White River CorporationCourt of Appeals for the Tenth Circuit · 1986
9 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Barnhill v. JohnsonSupreme Court of the United States · 1992
- In Re AntweilCourt of Appeals for the Tenth Circuit · 1991
- Bankr. L. Rep. P 76,102 in Re Battery One-Stop Ltd., Debtor. Battery One-Stop Ltd. v. Atari CorporationCourt of Appeals for the Sixth Circuit · 1994
- McLemore v. Third National Bank (In Re Montgomery)United States Bankruptcy Court, M.D. Tennessee · 1991
- Carl Subler Trucking, Inc. v. Kingsville-Ninety Auto/Truck Stop, Inc. (In Re Carl Subler Trucking, Inc.)United States Bankruptcy Court, S.D. Ohio · 1990
21 more not listed; retrieve them via the Exa API.