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Naudain, Inc. v. Schaad Detective Agency (In Re Naudain, Inc.)

United States Bankruptcy Court, E.D. Pennsylvania

Decided September 9, 1983No. 19-11790PublishedCited by 19 opinions

1Opinion of the Court

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue presented herein is whether certain check payments made by the debtor to the defendant were made “not later than 45 days” after the debts were incurred in order to fall within the exception to the trustee’s avoidance powers contained in section 547(c)(2) of the Bankruptcy Code (“the Code”). We conclude that the payments in question are avoidable pursuant to section 547(b) of the Code because the said payments were not made within 45 days from the date on which the debts were incurred as required by section 547(c)(2) of the Code.

The facts of…

2Cases cited12 opinions

  1. In the Matter of Emerald Oil Co., Debtor. William C. Sandoz, Trustee, Cross-Appellant v. Fred Wilson Drilling Company, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1983
  2. Matter of DuffyUnited States Bankruptcy Court, S.D. New York · 1980
  3. Thomas W. Garland, Inc. v. Union Electric Co. (In Re Thomas W. Garland, Inc.)United States Bankruptcy Court, E.D. Missouri · 1982
  4. Belfance v. Bancohio/National Bank (In Re McCormick)United States Bankruptcy Court, N.D. Ohio · 1980
  5. Grogan v. Chesebrough-Ponds, Inc. (In Re Advance Glove Manufacturing Co.)United States Bankruptcy Court, E.D. Michigan · 1982

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

3Cited by19 opinions

  1. Bergquist v. Anderson-Greenwood Aviation Corp. (In Re Bellanca Aircraft Corp.)United States Bankruptcy Court, D. Minnesota · 1985
  2. Henderson v. Allred (In Re Western World Funding, Inc.)United States Bankruptcy Court, D. Nevada · 1985
  3. Chaitman v. Paisano Automotive Liquids, Inc. (In Re Almarc Manufacturing, Inc.)United States Bankruptcy Court, N.D. Illinois · 1986
  4. Remes v. Acme Carton Corp. (In Re Fasano/Harriss Pie Co.)United States Bankruptcy Court, W.D. Michigan · 1984
  5. Fryman v. Sim Textile Co. (In Re Art Shirt Ltd.)United States Bankruptcy Court, E.D. Pennsylvania · 1987

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