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Legal Opinion

Dickinson v. Meredith (In Re Wathen's Elevators, Inc.)

United States Bankruptcy Court, W.D. Kentucky

Decided March 8, 1984No. 17-30446PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM OPINION

MERRITT S. DEITZ, Jr., Bankruptcy Judge.

This is a prototype preference action arising in the aftermath of the collapse of Wathen’s Elevators, Inc., which filed for reorganization under Chapter 11 on May 12, 1982. Although we deal with a payment made February 23,1982, to a single farmer, we necessarily fashion a rule of law that may control the disposition of payments made to several farmers just prior to the bankruptcy.

Section 547(b) of the Bankruptcy Code permits trustee avoidance of prepetition transfers which are: (1) to or for the benefit of a creditor; (2) on account of…

2Cases cited19 opinions

  1. 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
  2. Belfance v. Bancohio/National Bank (In Re McCormick)United States Bankruptcy Court, N.D. Ohio · 1980
  3. Harris Trust & Savings Bank v. Wathen's Elevators, Inc. (In Re Wathen's Elevators, Inc.)United States Bankruptcy Court, W.D. Kentucky · 1983
  4. Weill v. Southern Credit Union (In Re Bowen)United States Bankruptcy Court, E.D. Tennessee · 1980
  5. Richter & Phillips Jewelers & Distributors, Inc. v. Dolly Toy Co. (In Re Richter & Phillips Jewelers & Distributors, Inc.)United States Bankruptcy Court, S.D. Ohio · 1983

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3Cited by9 opinions

  1. Kallen v. LitasDistrict Court, N.D. Illinois · 1985
  2. Intercontinental Publications, Inc. v. Perry (In Re Intercontinental Publications, Inc.)United States Bankruptcy Court, D. Connecticut · 1991
  3. Demetralis v. Golden Guernsey, Inc. (In Re Demetralis)United States Bankruptcy Court, N.D. Illinois · 1986
  4. Green River Production Credit Ass'n v. Alvey (In Re Alvey)United States Bankruptcy Court, W.D. Kentucky · 1985
  5. Scherling v. Texaco International Trade, Inc. (In Re Transpacific Carriers Corp.)United States Bankruptcy Court, S.D. New York · 1985

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