Legal Opinion
Duvoisin v. Evans (In re Southern Industrial Banking Corp.)
United States Bankruptcy Court, E.D. Tennessee
Decided August 19, 1993No. Bankruptcy No. 3-83-00372; Adv. No. 3-85-0635PublishedCited by 2 opinions
1Opinion of the Court
*225 MEMORANDUM
RALPH H. KELLEY, Chief Judge.
Southern Industrial Banking Corporation (SIBC) was an industrial loan and thrift company. The defendant bought a 30-day investment certificate from SIBC. A few days after the certificate matured, SIBC paid the defendant the face amount plus interest. SIBC filed bankruptcy the next month. The plaintiff is the trustee under SIBC’s Chapter 11 plan. He brought this suit against the defendant to recover the payment as a preferential transfer.
Subsection (b) of Bankruptcy Code § 547 defines a preferential transfer. Subsection (c) defines seven exceptions. 11…
2Cases cited15 opinions
- Merrill v. Abbott (In Re Independent Clearing House Co.)District Court, D. Utah · 1987
- Merrill v. Abbott (In Re Independent Clearing House Co.)United States Bankruptcy Court, D. Utah · 1984
- Henderson v. Buchanan (In Re Western World Funding, Inc.)United States Bankruptcy Court, D. Nevada · 1985
- Merril v. Dietz (In Re Universal Clearing House Co.)District Court, D. Utah · 1986
- Rafoth v. Bailey (In Re Baker & Getty Financial Services, Inc.)United States Bankruptcy Court, N.D. Ohio · 1988
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3Cited by2 opinions
- Emerson v. Maples (In Re Mark Benskin & Co.)United States Bankruptcy Court, W.D. Tennessee · 1993
- Jobin v. McKay (In Re M & L Business MacHine Co.)District Court, D. Colorado · 1994