Legal Opinion
Ben Greenblatt v. Ernest R. Utley, Trustee in Bankruptcy for Moses A. Fleming, a Bankrupt
Court of Appeals for the Ninth Circuit
Decided October 9, 1956No. 14875_1PublishedCited by 23 opinions
1Opinion of the Court
ORR, Circuit Judge.
We decide on this appeal that a transfer by a debtor, within four months of bankruptcy, to a creditor, with knowledge of the debtor’s insolvency, made in discharge of a California inchoate mechanic’s lien may not be avoided by the trustee as a preference within the meaning of sec. 60, sub. b of the Bankruptcy Act, 11 U.S.C.A. § 96.
The relevant facts are not in dispute and a summary thereof follows: On May 28, 1952 Moses A. Fleming, the bankrupt, conveyed to appellant Ben Greenblatt, certain real property situate in Los Angeles County, California in consideration of $3000 in…
2Cases cited14 opinions
- Western Tie & Timber Co. v. BrownSupreme Court of the United States · 1905
- Rector v. City Deposit Bank Co.Supreme Court of the United States · 1906
- Smith v. FolsomSupreme Court of Georgia · 1940
- Jackson v. FlohrCourt of Appeals for the Ninth Circuit · 1955
- In Re Zaferis Bros. & Co.Court of Appeals for the Ninth Circuit · 1933
9 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Philip I. Palmer, Jr., Etc. v. Radio Corporation of AmericaCourt of Appeals for the Fifth Circuit · 1971
- Shaw Industries, Inc. v. Gill (In Re Flooring Concepts, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1984
- Joseph J. Ricotta, as Trustee of L. E. Kimball Construction Co., .Inc., Bankrupt v. Burns Coal & Building Supply CompanyCourt of Appeals for the Second Circuit · 1959
- Cimmaron Oil Co., Inc. v. Cameron Consultants, Inc.District Court, N.D. Texas · 1987
- Young v. Scandore Paper Box Corp. (In Re Lucasa International, Ltd.)United States Bankruptcy Court, S.D. New York · 1981
18 more not listed; retrieve them via the Exa API.