Legal Opinion

In the Matter of J.P. Fyfe, Inc. Of Florida v. Bradco Supply Corporation

Court of Appeals for the Third Circuit

Decided December 8, 1989No. 89-5182PublishedCited by 127 opinions

1Opinion of the Court

OPINION OF THE COURT

ROSENN, Circuit Judge.

The bankruptcy Trustee for the estate of J.P. Fyfe, Inc., of Florida (FOF) filed a complaint to set aside a preferential payment by the debtor, FOF, to Bradco Supply Corporation (Bradco) under 11 U.S.C. § 547. The bankruptcy court found for the Trustee and the district court affirmed. Bradco appealed, contending that the Fyfe payment qualifies under the “saving provision” of 11 U.S.C. § 547(c)(2) as a non-preferential payment made in the “ordinary course of business.” We affirm.

I

The bankrupt, FOF, a roof installation company, had over a period of…

2Cases cited11 opinions

Singleton v. WulffSupreme Court of the United States · 1976
Universal Minerals, Inc. v. C. A. Hughes & Co.Court of Appeals for the Third Circuit · 1981
Wjm, Inc., Etc. v. Massachusetts Department of Public WelfareCourt of Appeals for the First Circuit · 1988
In Re Magic Circle Energy Corp.United States Bankruptcy Court, W.D. Oklahoma · 1986
In the Matter of Resyn Corporation, Appellant/cross-Appellee v. United States of America, Appellee/cross-AppellantCourt of Appeals for the Third Circuit · 1988

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

3Cited by127 opinions

In the Matter of Tolona Pizza Products Corporation, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1993
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
In Re M & L Business Machine Company, Inc.Court of Appeals for the Tenth Circuit · 1996
In Re U.S.A. Inns of Eureka Springs, Arkansas, Inc., Debtor. Claude R. Jones v. United Savings and Loan AssociationCourt of Appeals for the Eighth Circuit · 1993

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