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Howdeshell of Ft. Myers v. Dunham-Bush, Inc. (In Re Howdeshell of Ft. Myers)

United States Bankruptcy Court, M.D. Florida

Decided November 6, 1985No. Bankruptcy No. 83-1698, Adv. No. 84-180PublishedCited by 28 opinions

1Opinion of the Court

FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION

ALEXANDER L. PASKAY, Bankruptcy Judge.

THIS IS a Chapter 11 case and the matter under consideration is a claim of a voidable preference. The claim is presented for this Court’s consideration by a Complaint filed by Howdeshell of Ft. Myers, Inc. (Debtor) against Dunham-Bush, Inc. (Defendant).

The claim of the Debtor involves two payments made to the Defendant — one on 5/31/83 in the amount of $12,037.28; the other on June 7, 1983 in the amount of $75,254.47. It is the contention of the Debtor that these payments were made by the Debtor…

2Cases cited16 opinions

  1. The Inter-State National Bank of Kansas City v. Frank Luther, Trustee, Matter of Garden Grain & Seed Company, Inc., BankruptCourt of Appeals for the Tenth Circuit · 1955
  2. In Re Wadsworth Building Components, Inc., Debtor, Gary L. McClendon Trustee v. Cal-Wood DoorCourt of Appeals for the Ninth Circuit · 1983
  3. The First National Bank of Clinton v. Vance Julian, Trustee in Bankruptcy of Roby C. Woody, D/B/A Woody Motor Company, BankruptCourt of Appeals for the First Circuit · 1967
  4. Joseph Braunstein, Trustee, Etc. v. Massachusetts Bank & Trust CompanyCourt of Appeals for the First Circuit · 1971
  5. George H. Clay, Trustee and Securities Investor Protection Corp. v. Traders Bank of Kansas CityCourt of Appeals for the Eighth Circuit · 1983

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3Cited by28 opinions

  1. In the Matter of Joseph D. Smith, Doing Business as J.D. Management Services and G.L. Properties, Debtor. Appeal of David R. Boyer, TrusteeCourt of Appeals for the Seventh Circuit · 1992
  2. Official Committee of Asbestos Personal Injury v. Sealed Air Corp. (In Re W.R. Grace & Co.)United States Bankruptcy Court, D. Delaware · 2002
  3. McCuskey v. National Bank of Waterloo (In re Bohlen Enterprises, Ltd.)Court of Appeals for the Eighth Circuit · 1988
  4. Fryman v. Sim Textile Co. (In Re Art Shirt Ltd.)United States Bankruptcy Court, E.D. Pennsylvania · 1987
  5. Tolz v. Barnett Bank of South Florida, N.A. (In Re Safe-T-Brake of South Florida, Inc.)United States Bankruptcy Court, S.D. Florida. · 1993

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