Legal Opinion
Nordberg v. Republic National Bank of Miami (In Re Chase & Sanborn Corp.)
United States Bankruptcy Court, S.D. Florida.
Decided July 30, 1985No. 15-26798PublishedCited by 16 opinions
1Opinion of the Court
MEMORANDUM DECISION
THOMAS C. BRITTON, Bankruptcy Judge.
Plaintiff seeks the recovery of $509,041 transferred by the debtor to defendant by check three months before bankruptcy. Defendant has answered and the matter was tried on July 25.
At trial plaintiff abandoned his third count which characterized the transfer as a voidable preference under 11 U.S.C. § 547(b). This left two counts alleging a fraudulent transfer under § 548(a)(1), actual fraud, and § 548(a)(2), constructive fraud.
The transfer was a check drawn on another bank, payable to the defendant bank, and honored on February 18, 1983.…
2Cases cited3 opinions
- Rubin v. Manufacturers Hanover Trust Co.Court of Appeals for the Second Circuit · 1981
- Edward D. Hassan, Trustee v. Middlesex County National Bank, in the Matter of Mystic Pipe & Supply Corp., BankruptCourt of Appeals for the First Circuit · 1964
- Haynes & Hubbard, Inc. v. Ernest L. Stewart, Trustee in Bankruptcy of Indian Lake Estates, Inc., BankruptCourt of Appeals for the Fifth Circuit · 1967
3Cited by16 opinions
- Bonded Financial Services, Inc., Debtor-Appellant v. European American BankCourt of Appeals for the Seventh Circuit · 1988
- In Re Chase & Sanborn Corporation, Debtor. Paul C. Nordberg, Creditor Trustee v. Arab Banking CorporationCourt of Appeals for the Eleventh Circuit · 1990
- Acequia, Inc. v. Clinton (In re Acequia, Inc.)Court of Appeals for the Ninth Circuit · 1994
- Harman v. First American Bank of Maryland (In re Jeffrey Bigelow Design Group, Inc.)Court of Appeals for the Fourth Circuit · 1992
- In Re Northern Merchandise, Inc., Debtor, Frontier Bank v. Ronald G. Brown, Chapter 7 TrusteeCourt of Appeals for the Ninth Circuit · 2004
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