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Jahn v. Economy Car Leasing, Inc. (In Re Henderson)

United States Bankruptcy Court, E.D. Tennessee

Decided February 7, 1989No. Bankruptcy No. 1-87-00894, Adv. No. 1-88-0023PublishedCited by 19 opinions

1Opinion of the Court

MEMORANDUM

JOHN C. COOK, Bankruptcy Judge.

In this case the trustee seeks to recover approximately $88,000 in transfers from debtor Joe Henderson to defendant Economy Car Leasing, Inc. (“Economy”) which occurred more than ninety days prior to but within one year of the filing of debtors’ bankruptcy petition. The success of the trustee’s action depends upon whether Economy was an insider at the time of the transfers. Because the court concludes Economy was not an insider at the time of the transfers, the trustee’s action must fail.

This is a core proceeding. 28 U.S.C.A. § 157(b)(1) and (2)(F)…

2Cases cited22 opinions

  1. In the Matter of Missionary Baptist Foundation of America, Inc., Debtors. Robert B. Wilson, Trustee v. Robert G. HuffmanCourt of Appeals for the Fifth Circuit · 1983
  2. Helvering v. Morgan's, Inc.Supreme Court of the United States · 1934
  3. Bankr. L. Rep. P 71,497 in the Matter of John B. Prescott and Janet L. Prescott, Debtors. Appeals of Marine Bank Dane County, Gateway Foods, Inc. & Jerry J. Armstrong, TrusteeCourt of Appeals for the Seventh Circuit · 1986
  4. DeRosa v. Buildex Inc. (In Re F & S Central Manufacturing Corp.)United States Bankruptcy Court, E.D. New York · 1985
  5. Miller v. Schuman (In Re Schuman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987

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

3Cited by19 opinions

  1. In Re Allegheny International, Inc.United States Bankruptcy Court, W.D. Pennsylvania · 1990
  2. In Re GilbertUnited States Bankruptcy Court, W.D. Missouri · 1989
  3. Solomon v. Barman (In Re Barman)United States Bankruptcy Court, E.D. Michigan · 1999
  4. Rush v. Riddle (In Re Standard Stores, Inc.)United States Bankruptcy Court, C.D. California · 1991
  5. In Re KongDistrict Court, N.D. California · 1996

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

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