Legal Opinion
In Re Molded Acoustical Products, Inc., Debtor. Fiber Lite Corporation v. Molded Acoustical Products, Inc.
Court of Appeals for the Third Circuit
Decided March 11, 1994No. 93-1154PublishedCited by 146 opinions
1Opinion of the Court
OPINION OF THE COURT
BECKER, Circuit Judge.
1. IntRoduction
When a debtor makes a payment to an ordinary unsecured creditor within 90 days before declaring bankruptcy, assuming that a number of other statutory elements are met, the payment will be stigmatized as an avoidable “preference.” See 11 U.S.C.A. §§ 547(b), (f) (1993). If so, the debtor’s estate will be able to recoup the payment, forcing the erstwhile preferred creditor to fend for the remnants of the estate as an equal alongside the rest of the unsecured creditors. A creditor may sidestep that unhappy contingency and bring itself…
2Cases cited20 opinions
- Pullman-Standard v. SwintSupreme Court of the United States · 1982
- Union Bank v. WolasSupreme Court of the United States · 1991
- In the Matter of Tolona Pizza Products Corporation, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1993
- Marvin L. Fishman and Illinois Basketball, Inc. v. Estate of Arthur M. Wirtz, and Illinois Basketball, Inc. v. Estate of Arthur M. WirtzCourt of Appeals for the Seventh Circuit · 1987
- In Re Craig Oil Company, Debtor. Marathon Oil Company v. William M. Flatau, TrusteeCourt of Appeals for the Eleventh Circuit · 1986
15 more not listed; retrieve them via the Exa API.
3Cited by146 opinions
- In Re Roblin Industries, Inc., Debtor. William E. Lawson, Trustee, in Bankruptcy of Roblin Industries, Inc. v. Ford Motor CompanyCourt of Appeals for the Second Circuit · 1996
- Duraco Products, Inc. v. Joy Plastic Enterprises, Ltd., D/B/A Backyard Products Travis Products, IncCourt of Appeals for the Third Circuit · 1994
- United States Trustee v. First Jersey Securities, Inc.Court of Appeals for the Third Circuit · 1999
- In Re Globe Manufacturing Corp.Court of Appeals for the Eleventh Circuit · 2009
- Burtch v. Opus, LLC (In re Opus East, LLC)United States Bankruptcy Court, D. Delaware · 2015
141 more not listed; retrieve them via the Exa API.