Legal Opinion

Midwest Holding 7, LLC v. Anderson (In Re Tanner Family, LLC)

Court of Appeals for the Eleventh Circuit

Decided February 3, 2009No. 08-12462PublishedCited by 16 opinions

1Opinion of the Court

BIRCH, Circuit Judge:

Midwest Holding # 7, LLC (“Midwest”) appeals from the order of the district court affirming the bankruptcy court’s denial of its motion for summary judgment and grant of summary judgment in favor of Appellee Paul H. Anderson (“Trustee”). Midwest argues that the bankruptcy and district courts erred in concluding that a lease termination payment made by Tanner Family, LLC (“Debtor”) to Midwest was “for or on account of an antecedent debt” and thus avoidable as a preferential transfer under 11 U.S.C. § 547(b)(2). For the reasons that follow, we AFFIRM.

I. BACKGROUND

The…

2Cases cited16 opinions

  1. Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
  2. In Re Chase & Sanborn Corporation, Debtor. Paul C. Nordberg, Creditor Trustee v. Arab Banking CorporationCourt of Appeals for the Eleventh Circuit · 1990
  3. United States Trustee v. First Jersey Securities, Inc.Court of Appeals for the Third Circuit · 1999
  4. In Re White River CorporationCourt of Appeals for the Tenth Circuit · 1986
  5. Asbestos Settlement Trust v. City of New YorkCourt of Appeals for the Eleventh Circuit · 2007

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3Cited by16 opinions

  1. Kipperman v. Onex Corp.District Court, N.D. Georgia · 2009
  2. Stratton C. Pollitzer v. Guy G. GebhardtCourt of Appeals for the Eleventh Circuit · 2017
  3. Meadows v. Hagler (In Re Meadows)United States Bankruptcy Court, N.D. Georgia · 2010
  4. Cornette v. I.C. System, Inc.District Court, S.D. Florida · 2017
  5. Corporate Res. Servs., Inc. v. Wells Fargo Bank, N.A. (In re TS Emp't, Inc.)United States Bankruptcy Court, S.D. New York · 2019

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