Legal Opinion
Murray v. Withrow (In Re PM-II Associates, Inc.)
United States Bankruptcy Court, S.D. Ohio
Decided May 17, 1989No. Bankruptcy No. 2-85-04110, Adv. No. 2-88-0054PublishedCited by 4 opinions
1Opinion of the Court
OPINION AND ORDER DENYING MOTION TO DISMISS
DONALD E. CALHOUN, Jr., Bankruptcy Judge.
This adversary proceeding presents the issue of whether a trustee appointed in a Chapter 11 proceeding can recover a payment by the debtor to the State of Ohio as a preferential transfer pursuant to 11 U.S.C. § 547. Resolution of this question requires a determination of whether 11 U.S.C. § 106 applies to the State in this situation and an examination of the elements which must be pleaded and proven to void a transfer under § 547(b) of the Bankruptcy Code.
Jurisdiction over this case is vested in the Court…
2Cases cited19 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Edelman v. JordanSupreme Court of the United States · 1974
- Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
- Welch v. Texas Department of Highways & Public TransportationSupreme Court of the United States · 1987
14 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Aluminum Mills Corp. Ex Rel. Official Unsecured Creditors Committee v. Citicorp North America, Inc. (In Re Aluminum Mills Corp.)United States Bankruptcy Court, N.D. Illinois · 1991
- Fisher v. New York City Department of Housing Preservation & Development (In Re Pan Trading Corp., S.A.)United States Bankruptcy Court, S.D. New York · 1991
- Hughes-Bechtol, Inc. v. Ohio (In Re Hughes-Bechtol, Inc.)United States Bankruptcy Court, S.D. Ohio · 1991
- White v. Shalala (In Re Pace Enterprises of Columbia, Inc.)District Court, District of Columbia · 1994