Legal Opinion
Goldberger v. Davis Jay Corregated Box Corp. (In Re Mercon Industries, Inc.)
United States Bankruptcy Court, E.D. Pennsylvania
Decided June 7, 1984No. 17-12004PublishedCited by 38 opinions
1Opinion of the Court
OPINION
EMIL F. GOLDHABER, Bankruptcy Judge:
The issue in the case at bench is whether the trustee has failed to state a cause of action to avoid a preference under 11 U.S.C. § 547(b) due to the debtor’s satisfaction of a debt owed to a creditor who is not an insider when payment was made more than 90 days prior to the commencement of bankruptcy but within the one year vulnerability period for insiders. The dispute must be resolved in light of the trustee’s contention that the longer one year avoidance period should apply to the noninsider since the debt is guaranteed by insiders. The question…
2Cases cited5 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Coastal Steel Corp. v. Tilghman Wheelabrator Ltd.Court of Appeals for the Third Circuit · 1983
- Seeley v. Church Buildings & Interiors, Inc. (In Re Church Buildings & Interiors, Inc.)United States Bankruptcy Court, W.D. Oklahoma · 1981
- Bakst v. Schilling (In Re Cove Patio Corp.)United States Bankruptcy Court, S.D. Florida. · 1982
3Cited by38 opinions
- Louis W. Levit, Trustee of V.N. Deprizio Construction Co. v. Ingersoll Rand Financial CorporationCourt of Appeals for the Seventh Circuit · 1989
- In the Matter of Compton Corp., Debtor. Walter Kellogg, Trustee v. Blue Quail Energy, Inc., and Mbank Abilene, N.A.Court of Appeals for the Fifth Circuit · 1988
- Lowrey v. First National Bank of Bethany (In Re Robinson Bros. Drilling, Inc.)District Court, W.D. Oklahoma · 1988
- In Re C-L Cartage Co., Inc.Court of Appeals for the Sixth Circuit · 1990
- Ray v. City Bank & Trust Co. (In re C-L Cartage Co.)Court of Appeals for the Sixth Circuit · 1990
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