Legal Opinion

In Re: A.W. & Associates, Inc., Debtor. William J. Miller, Jr. v. Florida Mining and Materials

Court of Appeals for the Eleventh Circuit

Decided March 17, 1998No. 97-2352PublishedCited by 25 opinions

Non-Argument Calendar.

1Per curiam

This appeal raises the question of whether a bankruptcy court must consult industry standards in determining whether an allegedly preferential transfer qualifies for the exception provided by 11 U.S.C. § 547(c)(2). We conclude that industry standards must be consulted.

I. BACKGROUND

Appellant A.W. & Associates, Inc. (A.W.) is a construction company that regularly purchased concrete and concrete-related products from Appellee Florida Mining and Materials (Florida Mining), a supplier of those products. Prior to January 1993, A.W. often failed to make timely payments, and a number of A.W.’s checks…

2Cases cited7 opinions

In the Matter of Tolona Pizza Products Corporation, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1993
In Re Roblin Industries, Inc., Debtor. William E. Lawson, Trustee, in Bankruptcy of Roblin Industries, Inc. v. Ford Motor CompanyCourt of Appeals for the Second Circuit · 1996
In Re Craig Oil Company, Debtor. Marathon Oil Company v. William M. Flatau, TrusteeCourt of Appeals for the Eleventh Circuit · 1986
In Re Molded Acoustical Products, Inc., Debtor. Fiber Lite Corporation v. Molded Acoustical Products, Inc.Court of Appeals for the Third Circuit · 1994
In Re Fred Hawes Organization, Inc., Debtor. William B. Logan, Trustee v. Basic Distribution CorporationCourt of Appeals for the Sixth Circuit · 1992

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

3Cited by25 opinions

Official Committee of Unsecured Creditors of Toy King Distributors, Inc. v. Liberty Savings Bank, FSB (In Re Toy King Distributors, Inc.)United States Bankruptcy Court, M.D. Florida · 2000
Gulf City Seafoods, Inc. v. Ludwig Shrimp Co. (In Re Gulf City Seafoods, Inc.)Court of Appeals for the Fifth Circuit · 2002
Barrett Dodge Chrysler Plymouth, Inc. v. CranshawCourt of Appeals for the Eleventh Circuit · 2004
Midwest Holding 7, LLC v. Anderson (In Re Tanner Family, LLC)Court of Appeals for the Eleventh Circuit · 2009
Official Committee of Unsecured Creditors Ex Rel. Markham v. Lerner (In Re Diagnostic Instrument Group, Inc.)United States Bankruptcy Court, M.D. Florida · 2002

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