Legal Opinion

Committee of Unsecured Creditors v. Commodity Credit Corp. (In Re KF Dairies, Inc.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided August 18, 1992No. Bankruptcy No. LA 86-12940-BR, BAP Nos. CC-91-2235-OPMe, CC-91-2237-OPMePublishedCited by 28 opinions

1Opinion of the Court

OPINION

Before OLLASON, PERRIS, and MEYERS, Bankruptcy Judges. OLLASON, Bankruptcy Judge:

The bankruptcy court overruled objections to claims because the allegedly avoidable transfers upon which the objections were based occurred outside the applicable limitations period. These timely appeals followed and we reverse.

FACTS

Appellee Commodity Credit Corporation in BAP No. CC-91-2235 and Appellee National Dairy Promotion and Research Board in BAP No. CC-91-2237 (hereafter collectively “Appellees”) received payment from the debtor on certain antecedent debts after commencement of the case from which…

2Cases cited15 opinions

United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
In Re Herbert L. HOLM, Debtor. Alan WRIGHT, Creditor-Appellee, v. Herbert L. HOLM, Debtor-AppellantCourt of Appeals for the Ninth Circuit · 1991
In Re Cushman Bakery and Cushman Baking Company. Appeal of Jacob Agger, TrusteeCourt of Appeals for the First Circuit · 1976

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

3Cited by28 opinions

In Re: America West Airlines, Inc., Debtor. El Paso City of Texas v. America West Airlines, Inc.Court of Appeals for the Ninth Circuit · 2000
Maxwell Communication Corp. Plc Ex Rel. Homan v. Societe General Plc (In Re Maxwell Communication Corp. Plc)District Court, S.D. New York · 1995
Parker North American Corp. v. Resolution Trust Corp. (In re Parker North American Corp.)Court of Appeals for the Ninth Circuit · 1994
In Re Metiom, Inc.United States Bankruptcy Court, S.D. New York · 2003
Movitz v. Baker (In Re Triple Star Welding, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005

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