Legal Opinion

McKittrick v. Gavilon, LLC (In re Cascade Grain Products, LLC)

United States Bankruptcy Court, D. Oregon

Decided October 28, 2011No. Bankruptcy No. 09-30508-elp7; Adversary No. 11-3038PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION

ELIZABETH PERRIS, Bankruptcy Judge.

Plaintiff, the trustee in this Chapter 71 bankruptcy ease, filed this complaint to recover as preferential transfers $19,885,728.12 that debtor Cascade Grain Products, LLC (“debtor”), paid to defendants 2 within 90 days before bankruptcy. Defendants move for summary judgment, arguing that all transfers were settlement payments on account of forward contracts *572and therefore not subject to recovery as preferences under § 546(e).3

FACTS

Before it filed bankruptcy, debtor, an ethanol producer, entered into a number of contracts with defendants for…

2Cases cited5 opinions

  1. Ransom v. FIA Card Services, N. A.Supreme Court of the United States · 2011
  2. Commodity Futures Trading Commission v. ErskineCourt of Appeals for the Sixth Circuit · 2008
  3. Mirant Americas Energy Marketing, L.P. v. Kern Oil & Refining Co. (In Re Mirant Corp.)United States Bankruptcy Court, N.D. Texas · 2004
  4. BCP Liquidating LLC v. Bridgeline Gas Marketing LLC (In Re Borden Chemicals & Plastics Operating Ltd. Partnership)United States Bankruptcy Court, D. Delaware · 2006
  5. Lightfoot v. MXEnergy Electric, Inc. (In Re MBS Management Services, Inc.)United States Bankruptcy Court, E.D. Louisiana · 2010

3Cited by2 opinions

  1. Conti v. Perdue Bioenergy, LLC (In re Clean Burn Fuels, LLC)United States Bankruptcy Court, M.D. North Carolina · 2015
  2. Clear Peak Energy, Inc. v. Southern California Edison Co. (In re Clear Peak, Inc.)United States Bankruptcy Court, D. Arizona · 2013

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