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Legal Opinion

In Re Carled, Inc., Debtor. Frederick M. Luper, Trustee v. Columbia Gas of Ohio, Inc.

Court of Appeals for the Sixth Circuit

Decided August 2, 1996No. 94-4315PublishedCited by 62 opinions

1Opinion of the Court

MOORE, Circuit Judge.

Appellant Columbia Gas of Ohio, Inc. (“Columbia”) appeals from the district court’s order affirming the bankruptcy court’s order holding that the Chapter 7 trustee Frederick M. Luper (the “Trustee”) may avoid as preferential transfers under 11 U.S.C. § 547(b) payments made by Carled, Inc. (the “Debt- or”) to Columbia within the ninety days preceding the filing for bankruptcy. For the reasons that follow, we reverse.

I

The Debtor operated three restaurants in the Columbus, Ohio area. The Debtor obtained gas service from Columbia, a public utility operating in Ohio, for each…

2Cases cited16 opinions

  1. Union Bank v. WolasSupreme Court of the United States · 1991
  2. In the Matter of Tolona Pizza Products Corporation, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1993
  3. In Re Roblin Industries, Inc., Debtor. William E. Lawson, Trustee, in Bankruptcy of Roblin Industries, Inc. v. Ford Motor CompanyCourt of Appeals for the Second Circuit · 1996
  4. In Re Craig Oil Company, Debtor. Marathon Oil Company v. William M. Flatau, TrusteeCourt of Appeals for the Eleventh Circuit · 1986
  5. In Re Molded Acoustical Products, Inc., Debtor. Fiber Lite Corporation v. Molded Acoustical Products, Inc.Court of Appeals for the Third Circuit · 1994

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3Cited by62 opinions

  1. In Re Rcs Engineered Products Company, Inc., Debtor. Spartan Tube and Steel, Inc. v. Daniel C. Himmelspach Railcar Specialties, Inc.Court of Appeals for the Sixth Circuit · 1996
  2. In Re: Bernard L. Zaptocky and Gloria J. Zaptocky, Debtors. David O. Simon, Chapter 7 Trustee v. Chase Manhattan BankCourt of Appeals for the Sixth Circuit · 2001
  3. Kaye v. Agripool, SRL (In Re Murray Inc.)Bankruptcy Appellate Panel of the Sixth Circuit · 2008
  4. In Re Jan Weilert Rv, Inc., Debtor, Ganis Credit Corporation v. Karl T. Anderson, Trustee, in Re Jan Weilert Rv, Inc., Debtor, Bank of the West v. Karl T. AndersonCourt of Appeals for the Ninth Circuit · 2003
  5. Schwinn Plan Committee v. AFS Cycle & Co. (In Re Schwinn Bicycle Co.)United States Bankruptcy Court, N.D. Illinois · 1997

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