Official Plan Committee v. Expeditors International of Washington, Inc. (In Re Gateway Pacific Corp.)
United States Bankruptcy Appellate Panel for the Eighth Circuit
1Opinion of the Court
DREHER, Bankruptcy Judge.
This is an appeal from the bankruptcy court’s 1 decision that certain payments made by Gateway Pacific Corp. (Debtor) to Expeditors International of Washington, Inc. (Expeditors) were avoidable under § 547 of the Bankruptcy Code. The parties stipulated that the payments were preferential under Bankruptcy Code § 547(b). On appeal is the bankruptcy court’s determination that Expeditors had not established either the contemporaneous exchange for new value or the ordinary course of business defenses under §§ 547(c)(1) or (e)(2), respectively.
I. FACTUAL BACKGROUND
Debtor…
2Cases cited11 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- In Re Gregory A. Lemaire, Debtor. Paul Handeen v. Gregory A. LemaireCourt of Appeals for the Eighth Circuit · 1990
- In Re Fred Hawes Organization, Inc., Debtor. William B. Logan, Trustee v. Basic Distribution CorporationCourt of Appeals for the Sixth Circuit · 1992
- In Re Fulghum Construction Corp., Debtor. Robert H. Waldschmidt, Trustee v. Harry H. Ranier, Algin Nolan, and Ranier & AssociatesCourt of Appeals for the Sixth Circuit · 1989
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3Cited by12 opinions
- In Re Gateway Pacific Corp.Court of Appeals for the Eighth Circuit · 1998
- Anstine v. Centex Home Equity Co. (In Re Pepper)Bankruptcy Appellate Panel of the Tenth Circuit · 2006
- Bergquist v. Fidelity Mortgage Decisions Corp. (In Re Alexander)United States Bankruptcy Court, D. Minnesota · 1998
- Gateway Pacific Corp. v. Expeditors International of Washington, Inc. (In re Gateway Pacific Corp.)Court of Appeals for the Eighth Circuit · 1998
- Peltz v. Hartford Life Insurance (In Re Bridge Information Systems, Inc.)United States Bankruptcy Court, E.D. Missouri · 2005
7 more not listed; retrieve them via the Exa API.