Legal Opinion
Bankr. L. Rep. P 76,102 in Re Battery One-Stop Ltd., Debtor. Battery One-Stop Ltd. v. Atari Corporation
Court of Appeals for the Sixth Circuit
Decided September 23, 1994No. 93-3996PublishedCited by 20 opinions
1Opinion of the Court
LIVELY, Circuit Judge.
In this bankruptcy case we must determine at what stage in garnishment proceed ings under Ohio law a “transfer” takes place for purposes of 11 U.S.C. § 547(b), which permits a trustee in bankruptcy to avoid transfers of interests in a debtor’s property made within 90 days before the date of filing a petition, in bankruptcy.
I
A
The parties filed a stipulation of undisputed facts. Battery One-Stop (Battery) is a national retail dealer of battery-powered products that purchased large quantities of Atari merchandise in 1990. In 1991, Battery could no longer make payments on…
2Cases cited16 opinions
- Bankr. L. Rep. P 69,897 in Re Conner, Debtor. Askin Marine Company v. Clark N. Conner and Doretha S. ConnerCourt of Appeals for the Eleventh Circuit · 1984
- Ornella v. RobertsonOhio Supreme Court · 1968
- In Re Belknap, Inc., Debtor. Official Unsecured Creditors' Committee of Belknap, Inc. v. The Shaler CorporationCourt of Appeals for the Sixth Circuit · 1990
- Januzzi v. HickmanOhio Supreme Court · 1991
- Moratzka v. Bill Simek Distributing, Inc. (In Re Brinker)United States Bankruptcy Court, D. Minnesota · 1981
11 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- In the Matter of Freedom Group, Incorporated, Doing Business as Metro Metals, Debtor. Freedom Group, Incorporated v. Lapham-Hickey Steel CorporationCourt of Appeals for the Seventh Circuit · 1995
- In Re Computer Engineering Associates, Inc., Debtor, Advanced Testing Technologies, Inc. v. John O. DesmondCourt of Appeals for the First Circuit · 2003
- In Re: Sheri Whorley Morehead, A/K/A Sheri Lynn Whorley, Debtor. Sheri Whorley Morehead v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Sixth Circuit · 2001
- Royal v. First Interstate Bank of Commerce (In Re Straight)Bankruptcy Appellate Panel of the Tenth Circuit · 1997
- Doub v. Hartford Fire Insurance (In Re Medlin)United States Bankruptcy Court, E.D. North Carolina · 1998
15 more not listed; retrieve them via the Exa API.