Legal Opinion
DuVoisin v. Howard (In re Southern Industrial Banking Corp.)
United States Bankruptcy Court, E.D. Tennessee
Decided June 16, 1987No. Bankruptcy No. 3-83-00372; Adv. No. 3-85-0874PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM AND ORDER ON MOTION FOR PARTIAL SUMMARY JUDGMENT
CLIVE W. BARE, Bankruptcy Judge.
In this adversary proceeding plaintiff seeks summary judgment on an alleged voidable preference. 11 U.S.C.A. § 547 (West 1979). Plaintiff has heretofore established all the elements of § 547(b). At issue, however, is whether the “45-day ordinary course of business” exception created by § 547(c)(2) in the 1978 Code is applicable to this proceeding. That section, as of March 10, 1983, when this chapter 11 case was filed, provided as follows:(c) The trustee may not avoid under this section a transfer—(2)…
2Cases cited9 opinions
- Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
- In Re Chase & Sanborn CorporationCourt of Appeals for the Eleventh Circuit · 1987
- Estate Of Roger LellockCourt of Appeals for the Third Circuit · 1987
- E. Penn Nicholson, Trustee for the Estate of Carolee's Combine, Inc. v. First Investment Company and Bill BeltzerCourt of Appeals for the First Circuit · 1983
- Charisma Investment Co. N v. v. Air Florida System, Inc.District Court, S.D. Florida · 1986
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3Cited by2 opinions
- Blevins Electric, Inc. v. First American National Bank (In Re Blevins Electric, Inc.)United States Bankruptcy Court, E.D. Tennessee · 1995
- Duvoisin v. Anderson (In Re Southern Industrial Banking Corp.)United States Bankruptcy Court, E.D. Tennessee · 1988