Legal Opinion

G.H. Leidenheimer Baking Co. v. Sharp

Court of Appeals for the Fifth Circuit

Decided February 8, 2006No. 05-30445, 05-30455PublishedCited by 39 opinions

1Opinion of the Court

EDITH H. JONES, Chief Judge:

Appellants G.H. Leidenheimer Baking Company, Ltd. (“Leidenheimer”) and Patton Sausage Company (“Patton”) bring this consolidated appeal, challenging the lower courts’ treatment of preference payments each received from a grocery store chain before it filed bankruptcy. See 11 U.S.C. § 547(b). Because none of the payments at issue qualified for the ordinary course of business defense, 1 and the subsequent advance defense was properly applied to both appellants, we AFFIRM as to Patton and AFFIRM AS MODIFIED with respect to Leidenheimer.

I. Background

Debtor SGSM, which…

2Cases cited10 opinions

Thomas Pipitone, and Bonnie Pipitone v. Biomatrix, Inc., Biomatrix, Inc.Court of Appeals for the Fifth Circuit · 2002
Bocanegra v. Vicmar Services, Inc.Court of Appeals for the Fifth Circuit · 2003
Thomas W. Garland, Inc. v. Union Electric Co. (In Re Thomas W. Garland, Inc.)United States Bankruptcy Court, E.D. Missouri · 1982
Gulf City Seafoods, Inc. v. Ludwig Shrimp Co. (In Re Gulf City Seafoods, Inc.)Court of Appeals for the Fifth Circuit · 2002
Baker Hughes Oilfield Operations, Inc. v. Cage (In Re Ramba, Inc.)Court of Appeals for the Fifth Circuit · 2005

5 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

Young v. RepineCourt of Appeals for the Fifth Circuit · 2008
Motiva Enterprises, LLC v. St. Paul Fire & Marine InsuranceCourt of Appeals for the Fifth Circuit · 2006
In Re Entringer Bakeries, Inc.Court of Appeals for the Fifth Circuit · 2008
Sass ex rel. American Home Mortgage Plan Trust v. Vector Consulting, Inc. (In re American Home Mortgage Holdings, Inc.)United States Bankruptcy Court, D. Delaware · 2012
Wellogix, Inc. v. Accenture, LLPDistrict Court, S.D. Texas · 2011

34 more not listed; retrieve them via the Exa API.