Legal Opinion

James J. English, as Trustee in Bankruptcy of the Estate of Russell E. Lowell, Inc. v. Universal Cit Credit Corporation

Court of Appeals for the Fifth Circuit

Decided May 17, 1960No. 18013_1PublishedCited by 3 opinions

1Opinion of the Court

HUTCHESON, Circuit Judge.

This is an appeal from a judgment in favor of defendant, refusing plaintiff’s demand to set aside a transfer as a voidable preference within the meaning of Section 60 of the Federal Bankruptcy Act, 11 U.S.C.A. § 96.

In his complaint plaintiff alleged: that he was Trustee in Bankruptcy of the Estate of Russell E. Lowell, Inc., a Florida corporation; that a petition in involuntary bankruptcy was filed against it on April 30, 1958; and that on October 23, 1958, it was adjudicated a bankrupt. The complaint further alleged: that on February 21, 1958, within four months from…

2Cases cited4 opinions

  1. Associated Indemnity Corporation v. ScottCourt of Appeals for the Fifth Circuit · 1939
  2. In the Matter of Crosstown Motors, Inc., Bankrupt. Commercial Credit Corporation, a Corporation v. C. Wylie Allen, TrusteeCourt of Appeals for the Seventh Circuit · 1959
  3. In Re Harpeth Motors, Inc.District Court, M.D. Tennessee · 1955
  4. Commerce Union Bank of Nashville v. AlexanderCourt of Appeals of Tennessee · 1957

3Cited by3 opinions

  1. Commercial Credit Corp. v. Hoff, Receiver, Jameson-Barnsley Co.Court of Appeals of Maryland · 1962
  2. Prime Property and Casualty Insurance Company v. Kepali Group, Inc.Court of Appeals for the Eleventh Circuit · 2025
  3. United States v. Nash Miami Motors, Inc.District Court of Appeal of Florida · 1964

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