Legal Opinion
Lovett v. Homrich Inc. (In Re Philip Services Corp.)
United States Bankruptcy Court, S.D. Texas
Decided December 21, 2006No. 19-03268PublishedCited by 15 opinions
1Opinion of the Court
MEMORANDUM OPINION FINDINGS AND CONCLUSIONS REGARDING DISMISSAL OF ADVERSARY PROCEEDING WITH PREJUDICE
WESLEY W. STEEN, Bankruptcy Judge.
In this adversary proceeding, the Trustee seeks to recover $936,741.35 paid by the Debtor to Homrich, Inc. (“Homrich”) by wire transfer prior to the filing of the bankruptcy case. The Trustee alleges that the payment was a preference that the Trustee can recover under 11 U.S.C. § 547. The dispute was submitted on stipulated facts. Because the Court concludes that the wire transfer was a contemporaneous exchange for new value, the Trustee’s complaint is…
2Cases cited35 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
- Pearlman v. Reliance InsuranceSupreme Court of the United States · 1962
- In Re Gerald JOHNSON, Bankrupt, CARLISLE CASHWAY, INC., Plaintiff-Appellant, v. Gerald JOHNSON, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1982
- In Re Bullion Reserve of North America, a California Corporation, Curtis B. Danning, Chapter 7 Trustee v. Theodore P. BozekCourt of Appeals for the Ninth Circuit · 1988
30 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Meoli v. Kendall Electric, Inc. (In Re R.W. Leet Electric, Inc.)Bankruptcy Appellate Panel of the Sixth Circuit · 2007
- Moser v. Bank of Tyler (In re Loggins)United States Bankruptcy Court, E.D. Texas · 2014
- Askenaizer v. Seacoast Redimix Concrete, LLC (In Re Charwill Construction, Inc.)United States Bankruptcy Court, D. New Hampshire · 2007
- Diamond Offshore Co. v. Bennu Oil & Gas, LLC (In re ATP Oil & Gas Corp.)United States Bankruptcy Court, S.D. Texas · 2015
- Goodman v. Triple "C" Marine Salvage, Inc. (In re Gulf Fleet Holdings, Inc.)United States Bankruptcy Court, W.D. Louisiana · 2013
10 more not listed; retrieve them via the Exa API.