Legal Opinion

Hechinger Investment Co. of Delaware, Inc. v. Universal Forest Products, Inc.

Court of Appeals for the Third Circuit

Decided June 7, 2007No. Nos. 06-2166, 06-2229PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

RENDELL, Circuit Judge.

This case arises out of the bankruptcy proceedings of Heehinger Investment *571Company of Delaware, Inc. (“Hechinger”). Hechinger filed a complaint in the Bankruptcy Court against its creditor, Universal Forest Products (“UFP”), to avoid and recover preferential transfers from UFP, pursuant to 11 U.S.C. §§ 547 and 550. The Bankruptcy Court rejected UFP’s defenses that the transfers were either contemporaneous exchanges for new value under Bankruptcy Code § 547(c)(1) or made in the ordinary course of business under § 547(c)(2), and denied UFP’s motion for…

2Cases cited23 opinions

  1. Eric Esher Schmid v. Milwaukee Electric Tool Corporation Eric SchmidCourt of Appeals for the Third Circuit · 1994
  2. In Re Molded Acoustical Products, Inc., Debtor. Fiber Lite Corporation v. Molded Acoustical Products, Inc.Court of Appeals for the Third Circuit · 1994
  3. In the Matter of J.P. Fyfe, Inc. Of Florida v. Bradco Supply CorporationCourt of Appeals for the Third Circuit · 1989
  4. Fryman v. Century Factors (In Re Art Shirt Ltd.)District Court, E.D. Pennsylvania · 1988
  5. Complaint of Consolidation Coal Company, as Owner of the Motor Vessel Elizabeth and as Charterer of Barge Number Mc 1029, for Exoneration From or Limitation of Liability. George NewmanCourt of Appeals for the Third Circuit · 1997

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3Cited by2 opinions

  1. In Re Hechinger Investment Company of Delaware, Inc., Debtors. Hechinger Investment Company of Delaware, Inc. v. Universal Forest Products, Inc., No. 06-2166. In Re Hechinger Investment Company of Delaware, Inc., Debtors. Hechinger Investment Company of Delaware, Inc. v. Universal Forest Products, Inc. Hechinger Liquidation Trust, as Successor in Interest to Hechinger Investment Company of Delaware Inc., Debtors in Possession, No. 06-2229Court of Appeals for the Third Circuit · 2007
  2. Ganton Technologies, LLC v. Chemtool, Inc. (In Re Intermet Corp.)United States Bankruptcy Court, E.D. Michigan · 2007

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