Legal Opinion

Clark v. A.B. Hirchfeld Press, Inc. (In Re Buyer's Club Markets, Inc.)

United States Bankruptcy Court, D. Colorado

Decided January 24, 1991No. 19-10827PublishedCited by 14 opinions

1Opinion of the Court

DECISION AND ORDER

ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge. *

Heard on the Trustee’s complaint to recover $125,000 from the defendant, A.B. Hirschfeld Press, Inc. (“Hirschfeld”), as an alleged § 547(b) preferential transfer.

At issue is whether four payments 1 totaling $125,000 made by Buyer’s Club Markets, Inc. (“Buyer’s Club”), to Hirschfeld, 2 within the 90 days preceding the debtor’s Chapter 11 filing were preferential transfers, or were in the parties’ ordinary course of business.

11 U-S.C. § 547(b)(5)

It is agreed that the only element in dispute under § 547(b) is subsection (5), which…

2Cases cited8 opinions

Wjm, Inc., Etc. v. Massachusetts Department of Public WelfareCourt of Appeals for the First Circuit · 1988
In the Matter of J.P. Fyfe, Inc. Of Florida v. Bradco Supply CorporationCourt of Appeals for the Third Circuit · 1989
In Re Jet Florida Systems, Inc., F/k/a Air Florida Systems, Inc., Debtor. Jet Florida, Inc. v. American Airlines, Inc.Court of Appeals for the Eleventh Circuit · 1988
Flatau v. Tribble's Shoes, Inc. (In re Lawrence)District Court, D. Georgia · 1988
Blasbalg v. Narragansett Electric Co. (In Re Miner Industries, Inc.)United States Bankruptcy Court, D. Rhode Island · 1990

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

3Cited by14 opinions

In Re Erin Food Services, Inc., Debtor, the Travelers Insurance Company v. Cambridge Meridian Group, Inc., in Re Erin Food Services, Inc., Debtor. The Travelers Insurance Company v. Cambridge Meridian Group, Inc.Court of Appeals for the First Circuit · 1992
Schwinn Plan Committee v. Transamerica Insurance Finance Corp. (In Re Schwinn Bicycle Co.)United States Bankruptcy Court, N.D. Illinois · 1996
McCord v. Venus Foods, Inc. (In Re Lan Yik Foods Corp.)United States Bankruptcy Court, E.D. New York · 1995
Sloan v. Zions First National Bank (In re Castletons, Inc.)Court of Appeals for the Tenth Circuit · 1993
28 Collier bankr.cas.2d 991, Bankr. L. Rep. P 75,220, 21 Ucc rep.serv.2d 1062 in Re Castletons, Inc., Debtor. Mary Ellen Sloan, Trustee for the Debtor, Castletons, Inc. v. Zions First National BankCourt of Appeals for the First Circuit · 1993

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