Legal Opinion

In Re Peter Lee Ken Ota, Debtors. Hall-Mark Electronics Corporation v. Charles E. Sims, Trustee

Court of Appeals for the Ninth Circuit

Decided March 4, 1997No. 95-15791PublishedCited by 20 opinions

1Opinion of the Court

OPINION

CANBY, Circuit Judge.

Hall-Mark Electronics Corporation appeals the Bankruptcy Appellate Panel’s (“BAP”) decision that a transfer by cashier’s check of $100,000 from the partnership of Peter Lee and Ken Ota (“the Debtor”) to Hall-Mark was a preferential transfer. Hall-Mark appeals. the BAP’s rejection of Hall-Mark’s “new value defense” to preferential transfer under 11 U.S.C. § 547(c)(4). We affirm.

BACKGROUND

Hall-Mark regularly supplied electronic parts to the Debtor. On September 11,1992, the Debtor gave Hall-Mark a personal check for $100,000 as payment for parts that the Debtor…

2Cases cited8 opinions

  1. Barnhill v. JohnsonSupreme Court of the United States · 1992
  2. In Re Wadsworth Building Components, Inc., Debtor, Gary L. McClendon Trustee v. Cal-Wood DoorCourt of Appeals for the Ninth Circuit · 1983
  3. Gold Coast Seed Co. v. Spokane Seed Co. (In Re Gold Coast Seed Co.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983
  4. In Re Wolf & VineCourt of Appeals for the Ninth Circuit · 1987
  5. Hall-Mark Electronics Corp. v. Sims (In Re Lee)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995

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3Cited by20 opinions

  1. Lehman Bros. Holdings Inc. v. JPMorgan Chase Bank, N.A. (In Re Lehman Bros. Holdings Inc.)United States Bankruptcy Court, S.D. New York · 2012
  2. Schwinn Plan Committee v. AFS Cycle & Co. (In Re Schwinn Bicycle Co.)United States Bankruptcy Court, N.D. Illinois · 1997
  3. Bruno MacHinery Corp. v. Troy Die Cutting Co. (In Re Bruno MacHinery Corp.)United States Bankruptcy Court, N.D. New York · 2010
  4. Viscount Air Services, Inc. v. Cole (In Re Viscount Air Services, Inc.)United States Bankruptcy Court, D. Arizona · 1998
  5. Vasquez v. Mora (In Re Mora)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998

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