Legal Opinion

In Re World Imports, Ltd.

Court of Appeals for the Third Circuit

Decided July 10, 2017No. 16-1357PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

HARDIMAN, Circuit Judge.

This appeal involves a question of bankruptcy law that has important ramifications for a creditor that sells goods to a debtor soon before the debtor files a Chapter 11 bankruptcy petition. Under 11 U.S.C. § 503(b)(9), a creditor may recover as a priority administrative expense the value of goods “received by the debtor within 20 days before” the bankruptcy petition is filed. In In re Marin Motor Oil, Inc., this Court interpreted a related provision of the Bankruptcy Code (11 U.S.C. § 546(c)), and held that “receipt” occurs when the buyer takes…

2Cases cited21 opinions

  1. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  2. Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
  3. Standard Oil Company of New Jersey, Appts. v. United StatesSupreme Court of the United States · 1910
  4. Dewsnup v. TimmSupreme Court of the United States · 1992
  5. Smith v. United StatesSupreme Court of the United States · 1993

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3Cited by7 opinions

  1. In re SRC Liquidation, LLCUnited States Bankruptcy Court, D. Delaware · 2017
  2. Bluestem Brands, Inc.United States Bankruptcy Court, D. Delaware · 2021
  3. In re VPH Pharmacy, Inc.United States Bankruptcy Court, E.D. Michigan · 2017
  4. Licensing Marijuana Cultivation in Compliance with the Single Convention on Narcotic Drugs, Department of Justice Office of Legal Counsel2018
  5. O.W. Bunker Holding North America Inc. and O.W. Bunker USA Inc.United States Bankruptcy Court, D. Connecticut · 2019

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