In Re Gold Coast Seed Company, Debtor, M. Nolden, Trustee v. Van Dyke Seed Company, Inc.
Court of Appeals for the Ninth Circuit
1Opinion of the Court
SCHROEDER, Circuit Judge.
The Bankruptcy Code provides that in certain circumstances a trustee may avoid a debtor’s property transfer if the transfer was made on or within ninety days before the date of the filing of a petition for bankruptcy. 11 U.S.C. § 547(b)(4)(A). One exception to this general rule is that the trustee may not avoid the transfer to the extent it was in “payment of a debt incurred in the ordinary course of business,” and made in the ordinary course of business not later than forty-five days after the debt was incurred. 11 U.S.C. § 547(c)(2)(A)-(D). In this case, the trustee…
2Cases cited4 opinions
- Barash v. Public Finance Corp.Court of Appeals for the Seventh Circuit · 1981
- In the Matter of Emerald Oil Co., Debtor. William C. Sandoz, Trustee, Cross-Appellant v. Fred Wilson Drilling Company, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1983
- In Re Iowa Premium Service Co., Inc., Debtor. Iowa Premium Service Co., Inc. v. First National Bank in St. Louis, St. Louis, MissouriCourt of Appeals for the First Circuit · 1982
- Securities And Exchange Commission v. G. Weeks Securities, Inc.Court of Appeals for the Sixth Circuit · 1982
3Cited by44 opinions
- In Re Energy Cooperative, Inc., Debtor. Energy Cooperative, Inc., Jay A. Steinberg, Trustee v. Socap International, Ltd.Court of Appeals for the Seventh Circuit · 1987
- In Re Cybermech, IncorporatedCourt of Appeals for the Fourth Circuit · 1994
- Henderson v. Allred (In Re Western World Funding, Inc.)United States Bankruptcy Court, D. Nevada · 1985
- In the Matter of Dan L. Wey, Debtor. Appeal of Robert L. Sullivan, Trustee in Bankruptcy v. William W. Willock, Jr. And Adelaide I. WillockCourt of Appeals for the Seventh Circuit · 1988
- In Re Powerine Oil Company, Debtor. Committee of Creditors Holding Unsecured Claims v. Koch Oil CompanyCourt of Appeals for the Ninth Circuit · 1995
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