Legal Opinion
Bavely v. Merchants National Bank (In Re Lario)
United States Bankruptcy Court, S.D. Ohio
Decided November 30, 1983No. Bankruptcy No. 1-83-00053, Adv. No. 1-83-0396PublishedCited by 25 opinions
1Opinion of the Court
ORDER
RANDALL J. NEWSOME, Bankruptcy Judge.
This adversary proceeding is before the Court pursuant to a complaint filed by the trustee of this Chapter 7 case to avoid a preferential transfer under 11 U.S.C. § 547. The matter was heard on August 29, 1983. The only testimony presented was that of the debtor, Joseph Lario. Defendant, Developers Diversified, Ltd. (“Developers”) did not appear at the trial, having previously indicated that its sole defense to the trustee’s preferential claim rested upon the exception set forth in § 547(c)(1).
The essential facts are undisputed, and may be summarized…
2Cases cited3 opinions
- Matter of DuffyUnited States Bankruptcy Court, S.D. New York · 1980
- Rovzar v. Biddeford & Saco Bus Garage, Inc. (In Re Saco Local Development Corp.)United States Bankruptcy Court, D. Maine · 1982
- Bachner v. RobinsonCourt of Appeals for the Second Circuit · 1939
3Cited by25 opinions
- In Re Air Conditioning, Inc. Of Stuart, Debtor. American Bank of Martin County, Douglass E. Wendel, Trustee v. Leasing Service CorporationCourt of Appeals for the Eleventh Circuit · 1988
- Aero-Fastener, Inc. v. Sierracin Corp. (In Re Aero-Fastener, Inc.)United States Bankruptcy Court, D. Massachusetts · 1994
- Alithochrome Corp. v. East Coast Finishing Sales Corp. (In Re Alithochrome Corp.)United States Bankruptcy Court, S.D. New York · 1985
- United States Lines (S.A.), Inc. v. United States (In Re McLean Industries, Inc.)United States Bankruptcy Court, S.D. New York · 1991
- Remes v. Yeomans (In Re Quality Plastics, Inc.)United States Bankruptcy Court, W.D. Michigan · 1984
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