Legal Opinion
Clendenen v. Van Dyk Oil Co. (In Re By-Rite Distributing, Inc.)
District Court, D. Utah
Decided July 27, 1988No. 87-C-0477SPublishedCited by 6 opinions
1Opinion of the Court
BANKRUPTCY DECISION
SAM, District Judge.
Appellant Van Dyk Oil Company, Inc. (Van Dyk) seeks reversal of the bankruptcy court’s decision to void payment to Van Dyk of two checks delivered by the debtor By-Rite Distributing, Inc. (By-Rite) prior to filing bankruptcy but paid thereafter by debtor’s bank. 11 U.S.C. § 549 allows the bankruptcy trustee in certain situations to avoid transfers of estate property made after commencement of the case.
On November 2, and November 6, 1984, By-Rite, a gasoline retailer, issued checks to Van Dyk, its wholesale supplier, as advance payment for the purchase of…
2Cases cited14 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- McKenzie v. Irving Trust Co.Supreme Court of the United States · 1945
- In Re Curlew Valley AssociatesUnited States Bankruptcy Court, D. Utah · 1981
- Cohen v. Kern (In Re Kennesaw Mint, Inc.)United States Bankruptcy Court, N.D. Georgia · 1983
- Dubuque Packing Co. v. Stonitsch (In Re Isis Foods, Inc.)District Court, W.D. Missouri · 1984
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Buckeye Check Cashing, Inc. v. Meadows (In Re Meadows)Bankruptcy Appellate Panel of the Sixth Circuit · 2008
- In Re DybalskiUnited States Bankruptcy Court, S.D. Indiana · 2004
- In Re RuizUnited States Bankruptcy Court, D. Utah · 2010
- Mukamal v. Enriquez (In Re RX Cardiovascular Specialties, Inc.)United States Bankruptcy Court, S.D. Florida. · 2006
- Buckeye Check Cashing, Inc. v. Meadows (In Re Meadows)Bankruptcy Appellate Panel of the Sixth Circuit · 2008
1 more not listed; retrieve them via the Exa API.