Legal Opinion
In the Matter of Southmark Corporation, Debtor. Southmark Corporation v. Joseph Grosz
Court of Appeals for the Fifth Circuit
Decided April 14, 1995No. 94-10534PublishedCited by 101 opinions
1Opinion of the Court
WIENER, Circuit Judge:
Southmark Corporation (“Southmark”), a debtor in possession, appeals from a judgment dismissing its claim that a payment to Joseph Grosz, a former officer of one of Southmark’s subsidiaries, was preferential and thus avoidable under 11 U.S.C. § 547. As we conclude that the bankruptcy court erred in determining that Grosz was - not compensated with funds from Southmark’s estate, we reverse the summary dismissal of Southmark’s preference claim and remand for further proceedings consistent with this opinion.
I
FACTS AND PROCEEDINGS
Southmark, debtor in possession of a real…
2Cases cited23 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
- United States v. Robert B. Sutton and Sutton Investments, Inc.Court of Appeals for the Fifth Circuit · 1986
- Matter of Haber Oil Co., Inc.Court of Appeals for the Fifth Circuit · 1994
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3Cited by101 opinions
- Adelphia Recovery Trust v. Goldman, Sachs & Co.Court of Appeals for the Second Circuit · 2014
- Official Committee of Unsecured Creditors of Verestar, Inc. v. American Tower Corp. (In Re Verestar, Inc.)United States Bankruptcy Court, S.D. New York · 2006
- Chase Manhattan Mortgage Corp. v. Shapiro (In Re Lee)Court of Appeals for the Sixth Circuit · 2008
- Searcy v. Knight (In Re American International Refinery)United States Bankruptcy Court, W.D. Louisiana · 2008
- Mirant Corp. v. Potomac Electric Power Co. (In Re Mirant Corp.)Court of Appeals for the Fifth Circuit · 2004
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