Legal Opinion

Goodman v. Credit Union (In re Gaines)

United States Bankruptcy Court, N.D. Georgia

Decided November 21, 2013No. Bankruptcy No. 12-63357-JRS; Adversary No. 12-05627-JRSPublishedCited by 3 opinions

1Opinion of the Court

ORDER

JAMES R. SACCA, Bankruptcy Judge.

This adversary proceeding requires the Court to separate the ordinary from the extraordinary. The Chapter 13 Trustee has commenced this adversary proceeding and moved for summary judgment, arguing that certain payments the Debtor made to the Defendant Credit Union of Georgia within 90 days of filing her bankruptcy petition constituted recoverable preferential transfers within the meaning of 11 U.S.C. § 547(b). The Defendant has responded with its own motion for summary judgment, arguing that these payments — which were made pursuant to a forbearance…

2Cases cited28 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Fitzpatrick v. City of AtlantaCourt of Appeals for the Eleventh Circuit · 1993
  5. John M. HAIRSTON, Plaintiff-Appellant, v. the GAINESVILLE SUN PUBLISHING CO., Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1994

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3Cited by3 opinions

  1. Gordon v. Security Essentials, Inc. (In re Alpha Protective Services, Inc.)United States Bankruptcy Court, M.D. Georgia · 2017
  2. Kelley v. McCormack (In re Mitchell)United States Bankruptcy Court, M.D. Georgia · 2016
  3. M. Humphreys, Ins. Comm'r. of the Com. of PA v. SureTec Ins. Co.Commonwealth Court of Pennsylvania · 2024

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