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Legal Opinion

Marlow v. Federal Compress & Warehouse Co. (In Re Julien Co.)

United States Bankruptcy Court, W.D. Tennessee

Decided August 19, 1993No. 19-10474PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER ON SECTION 547(c)(2) DEFENSE

WILLIAM H. BROWN, Bankruptcy Judge.

This adversary proceeding is before the Court after trial on the defense that allegedly preferential transfers are excepted from avoidance and recovery pursuant to the “ordinary course of business” exception found at 11 U.S.C. § 547(c)(2). Specifically, the trial focused on whether the transfers meet the requirements of § 547(c)(2)(B) and (C), as the parties agreed that the § 547(c)(2)(A) element was satisfied.

This adversary proceeding was initiated with the January 7, 1992, filing of a complaint to…

2Cases cited10 opinions

  1. Wjm, Inc., Etc. v. Massachusetts Department of Public WelfareCourt of Appeals for the First Circuit · 1988
  2. In Re Fred Hawes Organization, Inc., Debtor. William B. Logan, Trustee v. Basic Distribution CorporationCourt of Appeals for the Sixth Circuit · 1992
  3. In Re Fulghum Construction Corp., Debtor. Robert H. Waldschmidt, Trustee v. Harry H. Ranier, Algin Nolan, and Ranier & AssociatesCourt of Appeals for the Sixth Circuit · 1989
  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 Yurika Foods Corp., Debtor and Debtor-In-Possession. Yurika Foods Corporation v. United Parcel ServiceCourt of Appeals for the Sixth Circuit · 1989

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

3Cited by12 opinions

  1. Schwinn Plan Committee v. AFS Cycle & Co. (In Re Schwinn Bicycle Co.)United States Bankruptcy Court, N.D. Illinois · 1997
  2. Epstein v. Official Committee of Unsecured Creditors of the Estate of Piper Aircraft Corp. (In Re Piper Aircraft Corp.)District Court, S.D. Florida · 1994
  3. Concast Canada, Inc. v. Laclede Steel Co. (In Re Laclede Steel Co.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2002
  4. Rocin Liquidation Estate v. Alta AH & L (In Re Rocor International, Inc.)United States Bankruptcy Court, W.D. Oklahoma · 2006
  5. Jacobs v. Matrix Capital Bank (In re AppOnline.com, Inc.)United States Bankruptcy Court, E.D. New York · 2004

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

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