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Habinger, Inc. v. Metropolitan Cosmetic & Reconstructive Surgical Clinic, P.A.

District Court, D. Minnesota

Decided July 24, 1990No. Civ. No. 4-90-214, Bankruptcy No. 3-86-3007, Adv. No. 3-88-126PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

MacLAUGHLIN, District Judge.

This matter is before the Court on the appeal of Habinger, Inc. (Habinger) from the February 13, 1990 order of the United States Bankruptcy Court granting the trustee’s motion to avoid post petition payments made to Habinger by the debtor-in-possession. The Court will remand the motion for a determination of whether the payments were made in the ordinary course of business.

FACTS

The debtor in this case is the Metropolitan Cosmetic and Reconstructive Surgical Clinic, Inc. (MCRS), a plastic surgery clinic owned and operated by Dr. Allen W. Mo-berg.…

2Cases cited8 opinions

  1. In Re Dant & Russell, Inc., Debtors. Burlington Northern Railroad Company, Creditor-Appellant v. Dant & Russell, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1988
  2. Committee of Asbestos-Related Litigants and/or Creditors v. Johns-Manville Corp. (In Re Johns-Manville Corp.)United States Bankruptcy Court, S.D. New York · 1986
  3. Kepler v. Independence Bank of Madison (In Re Ford)United States Bankruptcy Court, W.D. Wisconsin · 1986
  4. In Re Hanson Industries, Inc.United States Bankruptcy Court, D. Minnesota · 1988
  5. In Re Flagler-At-First Associates, Ltd.United States Bankruptcy Court, S.D. Florida. · 1990

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

3Cited by8 opinions

  1. In Re Roth American, Inc., Debtor. Teamsters Local Union No. 401 Health & Welfare Fund International Brotherhood of Teamsters, Local 401Court of Appeals for the Third Circuit · 1992
  2. Martino v. First National Bank of Harvey (In Re Garofalo's Finer Foods, Inc.)District Court, N.D. Illinois · 1995
  3. In Re Leslie Fay Companies, Inc.United States Bankruptcy Court, S.D. New York · 1994
  4. General Electric Capital Corp. v. Hoerner (In Re Grand Valley Sport & Marine, Inc.)United States Bankruptcy Court, W.D. Michigan · 1992
  5. Martino v. First National Bank in Harvey (In Re Garofalo's Finer Foods, Inc.)United States Bankruptcy Court, N.D. Illinois · 1994

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

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