Bell Flavors & Fragrances, Inc. v. Andrew (In Re Loretto Winery, Ltd.)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
Before MEYERS, MOOREMAN and VOLINN, Bankruptcy Judges. MEYERS, Bankruptcy Judge:
I
We are asked whether Section 547(c)(2)(C) of the Bankruptcy Code embodies an objective standard and whether an order awarding expenses pursuant to Rule 37 of the Federal Rules of Civil Procedure constituted an abuse of discretion. We AFFIRM.
II
FACTS
Loretto. Winery, Ltd. (“Loretto”) was supplied with natural and artificial flavorings to use in manufacturing consumer goods. The supplier, Bell Flavors & Fragrances, Inc. (“Bell”), shipped the flavorings under invoices which required payment within 30 days, but…
2Cases cited23 opinions
- Reiter v. Sonotone Corp.Supreme Court of the United States · 1979
- Reiter v. Sonotone Corp.Supreme Court of the United States · 1979
- Colautti v. FranklinSupreme Court of the United States · 1979
- Golden Eagle Distributing Corporation v. Burroughs Corporation, and Kirkland & EllisCourt of Appeals for the Ninth Circuit · 1986
- Mountain States Telephone & Telegraph Co. v. Pueblo of Santa AnaSupreme Court of the United States · 1985
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- In the Matter of Tolona Pizza Products Corporation, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1993
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- Martino v. First National Bank of Harvey (In Re Garofalo's Finer Foods, Inc.)District Court, N.D. Illinois · 1995
- In Re Ahaza Systems, Inc., Debtor. Edmund J. Wood, in His Capacity as Chapter 7 Trustee v. Stratos Product Development, LLCCourt of Appeals for the Ninth Circuit · 2007
- Barber v. Riverside International Trucks, Inc. (In Re Pearson Industries, Inc.)United States Bankruptcy Court, C.D. Illinois · 1992
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