Legal Opinion
Durham v. SMI Industries Corp.
Court of Appeals for the Fourth Circuit
Decided August 17, 1989No. 88-2929PublishedCited by 11 opinions
1Opinion of the Court
WILKINS, Circuit Judge:
SMI Industries, Inc., a creditor of Continental Commodities, Inc., appeals from the district court judgment affirming a bankruptcy court ruling that its receipt of a check as part of a check exchange by the two companies constituted an avoidable preferential transfer under the Bankruptcy Code, 11 U.S.C.A. § 547(b) (West 1979). We reverse and remand.1
I
SMI and Continental are scrap metal dealers that until November 1983 engaged in a substantial amount of business with each other, selling each other materials on open account. Although the total dollar figures of the open…
2Cases cited10 opinions
- Studley v. Boylston National BankSupreme Court of the United States · 1913
- In Re Southern Industrial Banking Corporation, Debtor. Thomas Duvoisin, Liquidating Trustee, and Bank of Commerce, Intervening v. Emmett J. FosterCourt of Appeals for the Sixth Circuit · 1987
- Braniff Airways, Inc. v. Exxon Co.Court of Appeals for the Fifth Circuit · 1987
- Eckles v. Petco Inc., Interstate (In Re Balducci Oil Co.)United States Bankruptcy Court, D. Colorado · 1983
- Bankr. L. Rep. P 70,553 First National Bank of Louisville v. Hurricane Elkhorn Coal Corporation II Logan & Kanawha Coal Company, Inc.Court of Appeals for the First Circuit · 1985
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Sylvester v. Martin (In Re Martin)United States Bankruptcy Court, N.D. Illinois · 1991
- Rooster, Inc. v. Raphael Roy, S.R.L. (In Re Rooster, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1991
- Tavormina v. ITT Commercial Finance Corp. (In Re Aquasport, Inc.)United States Bankruptcy Court, S.D. Florida. · 1990
- Kalenze v. Federal Crop Insurance (In Re Kalenze)United States Bankruptcy Court, D. North Dakota · 1994
- Official Committee of Unsecured Creditors v. American Sterilizer (In Re Comptronix Corp.)United States Bankruptcy Court, M.D. Tennessee · 1999
6 more not listed; retrieve them via the Exa API.