Legal Opinion
Duvoisin v. Anderson (In Re Southern Industrial Banking Corp.)
United States Bankruptcy Court, E.D. Tennessee
Decided October 14, 1988No. Adv. 3-83-00372PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM
GEORGE C. PAINE, II, Chief Judge.
The question presented is whether investors can shield withdrawals from Southern Industrial Banking Corporation (“SIBC”) made 90 days before bankruptcy with the ordinary course of business exception in § 547(c)(2).
The following constitute findings of fact and conclusions of law. Bankr.R. 7052. This is a core proceeding. 28 U.S.C. § 157(b)(2)(F).
FACTS
SIBC, one of several interdependent financial institutions controlled by “Jake” and C.H. Butcher, was an industrial loan and thrift company which accepted the investments of their customers and in return…
2Cases cited38 opinions
- Sampsell v. Imperial Paper & Color Corp.Supreme Court of the United States · 1941
- Pirie v. Chicago Title & Trust Co.Supreme Court of the United States · 1901
- Lynch v. Johns-Manville Sales Corp.Court of Appeals for the Sixth Circuit · 1983
- McKenzie v. Irving Trust Co.Supreme Court of the United States · 1945
- In Re Craig Oil Company, Debtor. Marathon Oil Company v. William M. Flatau, TrusteeCourt of Appeals for the Eleventh Circuit · 1986
33 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re Fulghum Construction Corp., Debtor. Robert H. Waldschmidt, Trustee v. Harry H. Ranier, Algin Nolan, and Ranier & AssociatesCourt of Appeals for the Sixth Circuit · 1989
- Official Committee of Unsecured Creditors of Toy King Distributors, Inc. v. Liberty Savings Bank, FSB (In Re Toy King Distributors, Inc.)United States Bankruptcy Court, M.D. Florida · 2000
- Jonas v. Farmer Bros. (In Re Comark)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1992
- Sprowl v. Miami Valley Broadcasting Corp. (In Re Federated Marketing, Inc.)United States Bankruptcy Court, S.D. Ohio · 1991
- Fitzpatrick v. Central Communications & Electronics, Inc. (In Re Tennessee Valley Steel Corp.)United States Bankruptcy Court, E.D. Tennessee · 1996
3 more not listed; retrieve them via the Exa API.