Legal Opinion
In Re Ebbler Furniture and Appliances, Inc., Debtor. Donald Samson, Trustee v. Alton Banking & Trust Co.
Court of Appeals for the Seventh Circuit
Decided October 23, 1986No. 86-1507PublishedCited by 81 opinions
1Opinion of the Court
FLAUM, Circuit Judge.
This suit involves an issue of first impression in this circuit. We are asked to define the word “value” as used in 11 U.S.C. § 547(c)(5). We affirm the bankruptcy court and district court in their use of “cost” as the proper measurement in this case. However, we remand this case for further proceedings to determine the precise amount of the preference payment that the defendant received.
I
The present action is by the trustee in bankruptcy under 11 U.S.C. §§ 547(b) and (c)(5) (1986), to recover preference payments received by the defendant. Ebbler Furniture and Appliance,…
2Cases cited5 opinions
- 10 Collier bankr.cas.2d 1137, Bankr. L. Rep. P 69,875 in the Matter of Evanston Motor Co., Inc., Debtor. First National Bank of Lincolnwood v. Maurice Levine, Trustee and Attorney for TrusteeCourt of Appeals for the First Circuit · 1984
- Grain Merchants of Indiana, Inc., Bankrupts, Mark L. France, Trustee v. Union Bank and Savings Company, Bellevue, OhioCourt of Appeals for the Seventh Circuit · 1969
- 15 Collier bankr.cas.2d 476, Bankr. L. Rep. P 71,416, 1 Ucc rep.serv.2d 1644 in the Matter of Missionary Baptist Foundation of America, Inc., Debtors. Robert B. Wilson, Trustee in the Bankruptcy Case of Missionary Baptist Foundation of America Inc. v. First National Bank, Lubbock, TexasCourt of Appeals for the First Circuit · 1986
- In The Matter Of Lackow Brothers, Inc.Court of Appeals for the Eleventh Circuit · 1985
- United States v. Beattie (In Re Beattie)United States Bankruptcy Court, W.D. North Carolina · 1983
3Cited by81 opinions
- Louis W. Levit, Trustee of V.N. Deprizio Construction Co. v. Ingersoll Rand Financial CorporationCourt of Appeals for the Seventh Circuit · 1989
- Marjorie L. Mungo, Debtor-Appellant, Cross-Appellee v. Maureen Sullivan TaylorCourt of Appeals for the Seventh Circuit · 2004
- Bankr. L. Rep. P 71,833 in the Matter of Steven W. Agnew, Debtor-Appellee. Lee Supply Corporation v. Steven W. AgnewCourt of Appeals for the Seventh Circuit · 1987
- In the Matter of Taxman Clothing Co., Inc., Debtor. Appeal of Arthur Winer, Inc.Court of Appeals for the Seventh Circuit · 1990
- In The Matter Of Clark Pipe And Supply Co., Inc.Court of Appeals for the Fifth Circuit · 1990
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