Legal Opinion

Energy Cooperative, Inc. v. Fina Oil & Chemical Co. (In Re Energy Cooperative, Inc.)

District Court, N.D. Illinois

Decided December 12, 1986No. 81 B 5811, 85 C 4259 and 82 A 3718PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM OPINION

KOCORAS, District Judge:

This matter comes before the Court on defendant’s motion for summary judgment. For the following reasons, this motion is granted.

FACTS

This is an action by the Trustee pursuant to 11 U.S.C. § 547 to set aside an allegedly preferential transfer made by Energy Cooperative, Inc. (“ECI”) to Fina Oil and Chemical Company (“Fina”). On March 24, 1976, Fina and ECI entered into an agreement (the “Exchange Agreement”), whereby Fina would make available or would “deliver” to ECI and ECI’s customers certain petroleum products (the “product”), and ECI would…

2Cases cited15 opinions

  1. In Re Craig Oil Company, Debtor. Marathon Oil Company v. William M. Flatau, TrusteeCourt of Appeals for the Eleventh Circuit · 1986
  2. Barash v. Public Finance Corp.Court of Appeals for the Seventh Circuit · 1981
  3. In the Matter of Emerald Oil Co., Debtor. William C. Sandoz, Trustee, Cross-Appellant v. Fred Wilson Drilling Company, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1983
  4. In Re Iowa Premium Service Co., Inc., Debtor. Iowa Premium Service Co., Inc. v. First National Bank in St. Louis, St. Louis, MissouriCourt of Appeals for the First Circuit · 1982
  5. Henderson v. Buchanan (In Re Western World Funding, Inc.)United States Bankruptcy Court, D. Nevada · 1985

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3Cited by12 opinions

  1. In Re Fred Hawes Organization, Inc., Debtor. William B. Logan, Trustee v. Basic Distribution CorporationCourt of Appeals for the Sixth Circuit · 1992
  2. In the Matter of Excello Press, Incorporated, Debtor. Appeal of Daniel A. Zazove, Attorney for DebtorCourt of Appeals for the Seventh Circuit · 1992
  3. Solow v. Ogletree, Deakins, Nash, Smoak & Stewart (In Re Midway Airlines, Inc.)United States Bankruptcy Court, N.D. Illinois · 1995
  4. Brown v. Shell Canada Ltd. (In Re Tennessee Chemical Co.)United States Bankruptcy Court, E.D. Tennessee · 1993
  5. Hovis v. Stambaugh Aviation, Inc. (In Re Air South Airlines)United States Bankruptcy Court, D. South Carolina · 2000

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