Legal Opinion

CareerCom Corp. v. U.S. Department of Education (In Re CareerCom Corp.)

United States Bankruptcy Court, M.D. Pennsylvania

Decided October 15, 1997No. Bankruptcy No. 1-92-02696, Adversary No. 1-94-00427APublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM

ROBERT J. WOODSIDE, Chief Judge.

Procedural History

On December 15, 1994, the Plaintiffs/Debtors above-captioned filed this adversary proceeding to recover allegedly preferential payments made to the United States Department of Education (DOE). On January 2, 1995, the DOE answered, raising affirmative defenses of contemporaneous exchange for new value and payment in the ordinary course of business.

Pursuant to the Uniform Fraudulent Conveyance Act (UFCA), 37 Pa.C .S.A. §§ 351 et seq. and 11 U.S.C. § 544, the Plaintiffs/Debtors seek the return of liabilities and fines paid to the DOE.…

2Cases cited5 opinions

  1. Rubin v. Manufacturers Hanover Trust Co.Court of Appeals for the Second Circuit · 1981
  2. Klein v. TabatchnickCourt of Appeals for the Second Circuit · 1979
  3. Schaps v. Bally's Park Place, Inc.District Court, E.D. Pennsylvania · 1986
  4. Miller v. Willett (In Re Miller)United States Bankruptcy Court, N.D. Florida · 1993
  5. Matter Of Munford, Inc.Court of Appeals for the Eleventh Circuit · 1996

3Cited by4 opinions

  1. Southeast Waffles, LLC v. United States Department of Treasury/Internal Revenue Service (In Re Southeast Waffles, LLC)Bankruptcy Appellate Panel of the Sixth Circuit · 2011
  2. Responsible Person of Musicland Holding Corp. v. Best Buy Co. (In re Musicland Holding Corp.)United States Bankruptcy Court, S.D. New York · 2011
  3. Liberty Mutual Insurance v. New York (In Re Citron)United States Bankruptcy Court, E.D. New York · 2010
  4. In Re: Southeast Waffles, LLC V.Bankruptcy Appellate Panel of the Sixth Circuit · 2011

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