Legal Opinion
Bergner v. Bank One, Milwaukee, N.A. (In re Bergner)
United States Bankruptcy Court, E.D. Wisconsin
Decided July 28, 1995No. Bankruptcy Nos. 91-25501 to 91-25516 and 93-20736; Adv. No. 93-2323PublishedCited by 2 opinions
1Opinion of the Court
AMENDED MEMORANDUM DECISION
M. DEE McGARITY, Bankruptcy Judge.
Introduction
This adversary proceeding for recovery of an avoidable preference or setoff was brought by the debtor in possession, P.A. Bergner & Co. Holding Company (“Bergner” or “debtor”) against its prepetition creditor, Bank One, Milwaukee, N.A. (“bank,” “creditor” or “Bank One”), on April 26, 1992. For ease of reference, the plaintiff will be referred to as “Bergner” or the “debtor,” notwithstanding that the time frame being discussed might be before filing, during the pendency of the Bergner cases, or after confirmation.
The…
2Cases cited25 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Bonded Financial Services, Inc., Debtor-Appellant v. European American BankCourt of Appeals for the Seventh Circuit · 1988
- Louis W. Levit, Trustee of V.N. Deprizio Construction Co. v. Ingersoll Rand Financial CorporationCourt of Appeals for the Seventh Circuit · 1989
- In the Matter of Tolona Pizza Products Corporation, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1993
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3Cited by2 opinions
- Schwinn Plan Committee v. Transamerica Insurance Finance Corp. (In Re Schwinn Bicycle Co.)United States Bankruptcy Court, N.D. Illinois · 1996
- In Re PA Bergner & Co. Holding Co.United States Bankruptcy Court, E.D. Wisconsin · 1995