Legal Opinion

In Re Santoro Excavating, Inc.

United States Bankruptcy Court, S.D. New York

Decided September 16, 1983No. 19-10196PublishedCited by 20 opinions

1Opinion of the Court

DECISION ON COMPLAINT BY TRUSTEE TO VOID ALLEGED PREFERENTIAL TRANSFER

HOWARD SCHWARTZBERG, Bankruptcy Judge.

This preference suit by the trustee in bankruptcy is premised on a release of collateral worth $20,000 by the defendant bank to third party defendants, who had pledged $40,000 in collateral with the bank to secure the debtor’s $35,000 obligation to the bank. Contemporaneously with the release of the collateral, the bank deducted $20,000 from the debtor’s bank account, all of which occurred within 90 days before the bankruptcy petition was filed with this court.

The trustee in bankruptcy…

2Cases cited10 opinions

  1. Swarts v. Fourth National BankCourt of Appeals for the Eighth Circuit · 1902
  2. Ivanhoe Building & Loan Assn. v. OrrSupreme Court of the United States · 1935
  3. Seeley v. Church Buildings & Interiors, Inc. (In Re Church Buildings & Interiors, Inc.)United States Bankruptcy Court, W.D. Oklahoma · 1981
  4. Matter of Community Hosp. of Rockland CountyUnited States Bankruptcy Court, S.D. New York · 1981
  5. In Re CastilloUnited States Bankruptcy Court, S.D. New York · 1980

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3Cited by20 opinions

  1. 16 Collier bankr.cas.2d 1447, Bankr. L. Rep. P 71,794 Braniff Airways, Inc. Debtor and Debtor-In-Possession, and the Official Unsecured Creditors' Committee of Braniff Airways, Inc. v. Exxon Company, U.S.A.Court of Appeals for the Fifth Circuit · 1987
  2. In re PrescottCourt of Appeals for the Seventh Circuit · 1986
  3. Bankr. L. Rep. P 71,497 in the Matter of John B. Prescott and Janet L. Prescott, Debtors. Appeals of Marine Bank Dane County, Gateway Foods, Inc. & Jerry J. Armstrong, TrusteeCourt of Appeals for the Seventh Circuit · 1986
  4. Braniff Airways, Inc. v. Exxon Co.Court of Appeals for the Fifth Circuit · 1987
  5. Bruce Comly French v. Bank One, Lima N.A. (In Re Rehab Project, Inc.)United States Bankruptcy Court, N.D. Ohio · 1999

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