Legal Opinion
Global Distribution Network, Inc. v. Star Expansion Co.
Court of Appeals for the Seventh Circuit
Decided November 19, 1991No. 91-1151, 91-1152PublishedCited by 10 opinions
1Opinion of the Court
EASTERBROOK, Circuit Judge.
When does a check create a “transfer” for purposes of 11 U.S.C. § 547(b)? This statute allows the estate of a debtor in bankruptcy to avoid transfers made during the 90 days before the filing of the petition. If the transfer occurs when the check is honored, then Global Distribution Network is entitled to recover about $20,000 from its creditors, who supplied goods on open account. If the transfer occurs at any earlier time, the creditors prevail. Bankruptcy Judge Barliant ruled that the transfer occurs on the bank’s payment of the instrument, 114 B.R. 157…
2Cases cited15 opinions
- McKenzie v. Irving Trust Co.Supreme Court of the United States · 1945
- Don E. Williams Co. v. CommissionerSupreme Court of the United States · 1977
- Prudence Realization Corp. v. GeistSupreme Court of the United States · 1942
- In Re Wadsworth Building Components, Inc., Debtor, Gary L. McClendon Trustee v. Cal-Wood DoorCourt of Appeals for the Ninth Circuit · 1983
- James R. Fitzpatrick, as Trustee of A. W. Sikking Co., Bankrupt v. Philco Finance Corp.Court of Appeals for the Seventh Circuit · 1974
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Barnhill v. JohnsonSupreme Court of the United States · 1992
- In the Matter of Freedom Group, Incorporated, Doing Business as Metro Metals, Debtor. Freedom Group, Incorporated v. Lapham-Hickey Steel CorporationCourt of Appeals for the Seventh Circuit · 1995
- Moreira v. Digital Employees Federal Credit Union (In Re Moreira)United States Bankruptcy Court, D. Massachusetts · 1994
- Brown v. Shell Canada Ltd. (In Re Tennessee Chemical Co.)United States Bankruptcy Court, E.D. Tennessee · 1993
- EECO Inc. v. Smedes (In Re EECO Inc.)United States Bankruptcy Court, C.D. California · 1992
5 more not listed; retrieve them via the Exa API.