Legal Opinion
Mason v. Benjamin Banneker Plaza, Inc. (In Re Mason)
United States Bankruptcy Court, E.D. Pennsylvania
Decided February 10, 1987No. 19-10199PublishedCited by 37 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
The present posture of this case brings before us the issue of whether a debtor-former tenant can avoid, as a preferential transfer, a payment made to her former landlord from a bank account in which she deposited her rentals during the pendency of an appeal from a judgment in favor of the landlord. We hold that, since the “transfer” of the payment, for purposes of § 547(b)(4), took place when the funds were actually paid to the landlord, the date of which was within ninety (90) days from the Debtor’s bankruptcy filing, she must prevail.
The history of…
2Cases cited32 opinions
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Thelma DAVIS v. UNITED STATES STEEL SUPPLY, DIVISION OF UNITED STATES STEEL CORPORATION, AppellantCourt of Appeals for the Third Circuit · 1982
- In the Matter of Arthur D. And Patricia Newcomb, Debtors. Thomas J. Carlson, Trustee v. Farmers Home AdministrationCourt of Appeals for the Eighth Circuit · 1984
- Duquesne Slag Products Co. v. LenchSupreme Court of Pennsylvania · 1980
- Tidwell v. Atlanta Gas Light Co. (In Re Georgia Steel, Inc.)United States Bankruptcy Court, M.D. Georgia · 1984
27 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Sudler v. Chester Housing Authority (In Re Sudler)United States Bankruptcy Court, E.D. Pennsylvania · 1987
- In Re W. & L. Associates, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1987
- Asousa Partnership v. Pinnacle Foods, Inc. (In Re Asousa Partnership)United States Bankruptcy Court, E.D. Pennsylvania · 2001
- TM Carlton House Partners v. Career Planners, Inc. (In Re TM Carlton House Partners, Ltd.)United States Bankruptcy Court, E.D. Pennsylvania · 1988
- Whitt v. Philadelphia Housing Authority (In Re Whitt)United States Bankruptcy Court, E.D. Pennsylvania · 1987
32 more not listed; retrieve them via the Exa API.