Legal Opinion

Keck v. Schuster's Restaurant, Inc. (In Re Miller)

United States Bankruptcy Court, W.D. Pennsylvania

Decided December 29, 1986No. 19-20089PublishedCited by 7 opinions

1Opinion of the Court

OPINION

WARREN W. BENTZ, Bankruptcy Judge.

Case Summary

This matter comes before the Court on the Trustee’s Complaint for Turnover of Pennsylvania Liquor License No. R-16785. The Trustee alleges that the transfer of the license was a preferential transfer of an asset of the Debtors to the Defendant which is avoidable under Bankruptcy Code, 11 U.S.C. § 547. The Defendant’s posture is that the transfer was more than 90 days before the filing of the bankruptcy petition, was for good consideration, and was without any fraud or fraudulent intent.

Facts

The facts, as stipulated to by the parties, are as…

2Cases cited6 opinions

  1. 1412 Spruce, Inc. v. Commonwealth, Pennsylvania Liquor Control BoardSupreme Court of Pennsylvania · 1984
  2. In the Matter of Norman E. Halprin, Bankrupt. Commercial Sales, Inc., Assignee of Norman E. Halprin, United States of Apperica, Claimant-AppelleeCourt of Appeals for the Third Circuit · 1960
  3. In Re Revocation of Liquor License No. R-2193 & Amusement Permit No. AP-2193Commonwealth Court of Pennsylvania · 1983
  4. In Re Polycorp Associates, Inc.United States Bankruptcy Court, N.D. California · 1985
  5. California Board of Equalization v. MGM Liquor WarehouseDistrict Court, D. Minnesota · 1985

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. United States v. StuckeyUnited States Court of Military Appeals · 1981
  2. Public Service Co. of New Hampshire v. New Hampshire (In Re Public Service Co.)United States Bankruptcy Court, D. New Hampshire · 1989
  3. In Re the Ground Round, Inc.Bankruptcy Appellate Panel of the First Circuit · 2005
  4. In Re Draughon Training Institute, Inc.United States Bankruptcy Court, W.D. Louisiana · 1990
  5. In Re McClain Airlines, Inc.United States Bankruptcy Court, D. Arizona · 1987

2 more not listed; retrieve them via the Exa API.

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