Scherling v. Texaco International Trade, Inc. (In Re Transpacific Carriers Corp.)
United States Bankruptcy Court, S.D. New York
1Opinion of the Court
DECISION
HOWARD C. BUSCHMAN, III, Bankruptcy Judge.
The trustee in bankruptcy initiated this adversary proceeding to recover, pursuant to 11 U.S.C. § 547 (1978), an allegedly preferential transfer made to Defendant, Texaco International Trade, Inc. (“Texaco”) by Debtor Hellenic Lines Ltd. (“Hellenic”) in payment for bunker fuel Texaco delivered to Hellenic. Texaco denies the avoidability of the transfer and has moved for summary judgment.
The undisputed facts are that at 9:40 p.m. on August 21, 1983, Texaco began loading bunker fuel into one of Hellenic’s vessels, M/V Hellenic Sun. The loading…
2Cases cited20 opinions
- Quinn v. Syracuse Model Neighborhood Corp.Court of Appeals for the Second Circuit · 1980
- American Manufacturers Mutual Insurance Company v. American Broadcasting-Paramount Theatres, Inc.Court of Appeals for the Second Circuit · 1967
- Barash v. Public Finance Corp.Court of Appeals for the Seventh Circuit · 1981
- Rex Applegate v. Top Associates, Inc., Theodore O. ProunisCourt of Appeals for the Second Circuit · 1970
- In the Matter of Emerald Oil Co., Debtor. William C. Sandoz, Trustee, Cross-Appellant v. Fred Wilson Drilling Company, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1983
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