Legal Opinion

In the Matter of XONICS IMAGING INC., Debtor. Appeal of CALIFORNIA SUNNYVALE ASSOCIATES

Court of Appeals for the Seventh Circuit

Decided January 15, 1988No. 87-2085PublishedCited by 54 opinions

1Opinion of the Court

POSNER, Circuit Judge.

Section 547(b) of the Bankruptcy Code, 11 U.S.C. § 547(b), makes voidable at the option of the trustee in bankruptcy any transfer that the debtor made, while insolvent, in payment of a debt owed before the transfer, provided the transfer occurred no more than 90 days before the debtor filed for bankruptcy. This “voidable preference” provision does not apply, however, if the transfer was

(A) in payment of a debt incurred by the debtor in the ordinary course of business or financial affairs of the debtor and the transferee;

(B) made in the ordinary course of business or…

2Cases cited8 opinions

  1. In Re Craig Oil Company, Debtor. Marathon Oil Company v. William M. Flatau, TrusteeCourt of Appeals for the Eleventh Circuit · 1986
  2. In the Matter of Ronald and Marjorie Patterson, Debtors. Appeal of Abbotsford State BankCourt of Appeals for the Seventh Circuit · 1987
  3. Carmack v. Zell (In Re Mindy's, Inc.)United States Bankruptcy Court, S.D. Ohio · 1982
  4. Aguillard v. Bank of Lafayette (In Re Bourgeois)United States Bankruptcy Court, W.D. Louisiana · 1986
  5. Monarch Coaches, Inc., Cross-Appellee v. Itt Industrial Credit, Cross-AppellantCourt of Appeals for the Seventh Circuit · 1987

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

3Cited by54 opinions

  1. Louis W. Levit, Trustee of V.N. Deprizio Construction Co. v. Ingersoll Rand Financial CorporationCourt of Appeals for the Seventh Circuit · 1989
  2. In the Matter of Tolona Pizza Products Corporation, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1993
  3. In Re Fred Hawes Organization, Inc., Debtor. William B. Logan, Trustee v. Basic Distribution CorporationCourt of Appeals for the Sixth Circuit · 1992
  4. Thomas G. Lovett, Jr., Trustee for Transportation Systems International, Inc. v. St. Johnsbury TruckingCourt of Appeals for the Eighth Circuit · 1991
  5. In Re Globe Manufacturing Corp.Court of Appeals for the Eleventh Circuit · 2009

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API