Legal Opinion

Mosier v. Ever-Fresh Food Co. (In re IRFM, Inc.)

Court of Appeals for the Ninth Circuit

Decided April 5, 1995No. 93-56228PublishedCited by 28 opinions

1Opinion of the Court

BEEZER, Circuit Judge:

Robert P. Mosier, Chapter 7 Trustee, appeals the district court’s grant of summary judgment in favor of creditor Ever-Fresh Food Company (“Ever-Fresh”). Mosier filed this action seeking recovery of $72,-895.17 in preferential transfers from the Debtor, IRFM, Inc., to Ever-Fresh. The district court, affirming the bankruptcy court, held that Ever-Fresh was entitled to a full new value offset under section 547(c)(4), notwithstanding the fact that the new value did not remain unpaid.

The district court had jurisdiction pursuant to 28 U.S.C. § 158(a) and we have jurisdiction…

2Cases cited11 opinions

Jeanette Jesinger v. Nevada Federal Credit Union, a Federally-Chartered Credit Union Robert W. FleischmanCourt of Appeals for the Ninth Circuit · 1994
In Re Fulghum Construction CorporationCourt of Appeals for the First Circuit · 1983
Thomas W. Garland, Inc. v. Union Electric Co. (In Re Thomas W. Garland, Inc.)United States Bankruptcy Court, E.D. Missouri · 1982
In Re New York City Shoes, Inc., Debtor. New York City Shoes, Inc. v. Bentley International, Inc.Court of Appeals for the Third Circuit · 1989
Bankr. L. Rep. P 71,497 in the Matter of John B. Prescott and Janet L. Prescott, Debtors. Appeals of Marine Bank Dane County, Gateway Foods, Inc. & Jerry J. Armstrong, TrusteeCourt of Appeals for the Seventh Circuit · 1986

6 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

In Re Focus Media Inc., Debtor, Thomas E. Rubin v. John P. Pringle, Chapter 7 TrusteeCourt of Appeals for the Ninth Circuit · 2004
Kaye v. Blue Bell Creameries, Inc. (In Re BFW Liquidation, LLC)Court of Appeals for the Eleventh Circuit · 2018
Roberds, Inc. v. Broyhill Furniture (In Re Roberds, Inc.)United States Bankruptcy Court, S.D. Ohio · 2004
Rushton v. E & S International Enterprises, Inc. (In Re Eleva, Inc.)Bankruptcy Appellate Panel of the Tenth Circuit · 1999
Gonzales v. DPI Food Products Co. (In Re Furrs Supermarkets, Inc.)United States Bankruptcy Court, D. New Mexico · 2003

23 more not listed; retrieve them via the Exa API.