Tarver v. Trois Etoiles, Inc. (In Re Trois Etoiles, Inc.)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
MEYERS, Bankruptcy Judge:
I
This case presents the question of whether the Debtor’s tender of a check to its attorney prior to bankruptcy, which is honored by the bank after bankruptcy, is a post-petition transfer avoidable under Section 549 of the Bankruptcy Code (“Code”). The Bankruptcy Court ruled that the check constituted a voidable post-petition transfer. We REVERSE the judgment of the Bankruptcy Court.
II
FACTS
On January 30,1986, the Debtor retained attorney Jerome Tarver for services to be provided by him in the Debtor’s upcoming bankruptcy proceeding. Tarver claims he performed…
2Cases cited13 opinions
- McKenzie v. Irving Trust Co.Supreme Court of the United States · 1945
- Prudence Realization Corp. v. GeistSupreme Court of the United States · 1942
- In Re White River CorporationCourt of Appeals for the Tenth Circuit · 1986
- Gold Coast Seed Co. v. Spokane Seed Co. (In Re Gold Coast Seed Co.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983
- Shamrock Golf Company v. Richcraft, Inc.Court of Appeals for the Ninth Circuit · 1982
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- Quinn Wholesale, Inc. v. NorthenDistrict Court, M.D. North Carolina · 1988
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