Braniff Airways, Inc. v. Midwest Corporation, D/B/A Midwest Communication System
Court of Appeals for the Fifth Circuit
1Opinion of the Court
CLARK, Chief Judge:
Braniff Airways, Inc., debtor in possession, appeals from the judgment in favor of the defendant Midwest Corporation. The dispute involves a check in the amount of $96,859.96 which was issued by Braniff to Midwest less than 90 days before Braniff filed its bankruptcy petition. Braniff seeks to recover the amount of the check as a preferential transfer under 11 U.S.C. § 547(b). The district court held that the transfer was an ordinary business payment excepted from the trustee’s avoidance powers by 11 U.S.C. § 547(c)(2). A primary issue at trial was whether payment was made…
2Cases cited9 opinions
- In Re ArnettCourt of Appeals for the Sixth Circuit · 1984
- Antonio O'neill, as Trustee for Caceres & Johnson P.R., Inc. v. Nestle Libbys P.R., Inc.Court of Appeals for the First Circuit · 1984
- In Re White River CorporationCourt of Appeals for the Tenth Circuit · 1986
- George Claus, M.D., ph.d. v. Ferenc Gyorkey and Baylor College of MedicineCourt of Appeals for the Fifth Circuit · 1982
- Cherokee Water Co. v. ForderhauseCourt of Appeals of Texas · 1987
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- In Re New York City Shoes, Inc., Debtor. New York City Shoes, Inc. v. Bentley International, Inc.Court of Appeals for the Third Circuit · 1989
- Harman v. First American Bank of Maryland (In re Jeffrey Bigelow Design Group, Inc.)Court of Appeals for the Fourth Circuit · 1992
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