Legal Opinion

Johnson v. Keller (In Re Antweil)

United States Bankruptcy Court, D. New Mexico

Decided October 24, 1988No. 19-10178PublishedCited by 12 opinions

1Opinion of the Court

ORDER RESULTING FROM DEFENDANTS’ MOTION TO DISMISS ACTIONS FILED BY TRUSTEE

MARK B. McFEELEY, Bankruptcy Judge.

This matter came before the Court on the defendants’ motion to dismiss the preference actions filed by the trustee.

The question before the Court is how to count the 90 day period of Section 547(b)(4)(A).

The debtors filed voluntary petitions on February 18, 1986. The previous day was a federal holiday (President’s Day). The checks at issue herein were dated November 19, 1985, a Tuesday.

In this Circuit the date of delivery of a check is the date that a transfer occurs if the check is…

2Cases cited5 opinions

  1. In Re White River CorporationCourt of Appeals for the Tenth Circuit · 1986
  2. Meister v. State National Bank of Connecticut (In Re Mailbag International, Inc.)United States Bankruptcy Court, D. Connecticut · 1983
  3. Larson v. Olympic Finance Co. (In Re Larson)United States Bankruptcy Court, D. Utah · 1982
  4. Deutscher v. O'Neal Steel Corp. (In Re Enterprise Fabricators, Inc.)United States Bankruptcy Court, M.D. Tennessee · 1983
  5. Campbell v. Council of Co-Owners of Villas on the Fazio Horizontal Property Regime, I (In re Bates)District Court, E.D. South Carolina · 1983

3Cited by12 opinions

  1. In Re: Thomas A. Greene, AKA Radiator Service, Inc., and Bobby Jean Greene, Debtors. Mbna America v. Jeffry G. Locke, TrusteeCourt of Appeals for the Ninth Circuit · 2000
  2. Harrison v. New Jersey Community Bank (In re Jesup & Lamont, Inc.)United States Bankruptcy Court, S.D. New York · 2014
  3. Market v. Charley Bros. (In Re J.A.S. Markets, Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 1990
  4. Nelson Co. v. Amquip Corp. (In Re Nelson Co.)United States Bankruptcy Court, E.D. Pennsylvania · 1990
  5. In Matter of Nelson Co., Debtor. Nelson Company v. Counsel for the Official Committee of Unsecured Creditors, Creditor v. Amquip Corporation, James J. O'connell, Jr., Esq., Assistant U.S. Trustee, TrusteeCourt of Appeals for the Third Circuit · 1992

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