Legal Opinion

Braniff Airways, Inc. v. Midwest Corporation, D/B/A Midwest Communication System

Court of Appeals for the Fifth Circuit

Decided June 21, 1989No. 88-1447PublishedCited by 25 opinions

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

  1. In Re ArnettCourt of Appeals for the Sixth Circuit · 1984
  2. 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
  3. In Re White River CorporationCourt of Appeals for the Tenth Circuit · 1986
  4. George Claus, M.D., ph.d. v. Ferenc Gyorkey and Baylor College of MedicineCourt of Appeals for the Fifth Circuit · 1982
  5. Cherokee Water Co. v. ForderhauseCourt of Appeals of Texas · 1987

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

3Cited by25 opinions

  1. Barnhill v. JohnsonSupreme Court of the United States · 1992
  2. In the Matter of J.P. Fyfe, Inc. Of Florida v. Bradco Supply CorporationCourt of Appeals for the Third Circuit · 1989
  3. Burtch v. Opus, LLC (In re Opus East, LLC)United States Bankruptcy Court, D. Delaware · 2015
  4. 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
  5. Harman v. First American Bank of Maryland (In re Jeffrey Bigelow Design Group, Inc.)Court of Appeals for the Fourth Circuit · 1992

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

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