Legal Opinion
Ray v. City Bank & Trust Co. (In re C-L Cartage Co.)
Court of Appeals for the Sixth Circuit
Decided April 3, 1990No. Nos. 88-5556, 88-5557PublishedCited by 42 opinions
1Opinion of the Court
ALAN E. NORRIS, Circuit Judge,
This appeal presents a question of statutory interpretation of first impression for our circuit: whether 11 U.S.C. § 550(a)(1), read together with sections 547(b)(1) and (b)(4)(B), allows a trustee in bankruptcy to recover avoidable payments from non-insiders made during the extended preference period when those payments benefited insider creditors or guarantors. The bankruptcy court held that, while the debtor’s payments to City National Bank and Trust were voidable preferences under 11 U.S.C. § 547(b), payments to the bank outside of the ninety-day preference…
2Cases cited6 opinions
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- Louis W. Levit, Trustee of V.N. Deprizio Construction Co. v. Ingersoll Rand Financial CorporationCourt of Appeals for the Seventh Circuit · 1989
- Goldberger v. Davis Jay Corregated Box Corp. (In Re Mercon Industries, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1984
- Ray v. City Bank & Trust Co. (In Re C-L Cartage Co.)United States Bankruptcy Court, E.D. Tennessee · 1987
- Levit v. Melrose Park National Bank (In Re V.N. Deprizio Construction Co.)United States Bankruptcy Court, N.D. Illinois · 1986
1 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- In Re Patricia M. Miller, Debtor. Patricia M. Miller v. Pennsylvania Higher Education Assistance Agency, Student Servicing CenterCourt of Appeals for the Sixth Circuit · 2004
- Boyd v. Dock's Corner Associates (In Re Great Northern Forest Products, Inc.)United States Bankruptcy Court, W.D. Michigan · 1991
- In Re C-L Cartage Co., Inc.Court of Appeals for the Sixth Circuit · 1990
- In Re Sufolla, Inc.Court of Appeals for the Ninth Circuit · 1993
- Official Committee of Unsecured Creditors of 360networks (USA) Inc. v. U.S. Relocation Services, Inc. (In Re 360NETWORKS (USA) INC.)United States Bankruptcy Court, S.D. New York · 2005
37 more not listed; retrieve them via the Exa API.