Legal Opinion
First Software Corp. v. Curtis Manufacturing Co. (In Re First Software Corp.)
United States Bankruptcy Court, D. Massachusetts
Decided January 8, 1988No. 19-30065PublishedCited by 52 opinions
1Opinion of the Court
MEMORANDUM
JAMES N. GABRIEL, Chief Judge.
The matter before the Court is the Adversary Complaint filed on May 20, 1987 by the Disbursing Agent of First Software Corporation (“First Software”) against Curtis Manufacturing Co., Inc. (“Curtis”). Pursuant to 11 U.S.C. § 547(b) (West 1987), First Software seeks from Curtis the recovery of a preferential payment totalling $22,580.44. Curtis admits that First Software has established the requisite elements under section 547(b), but contends that First Software cannot recover the payments in question because they were made in the “ordinary course.” See…
2Cases cited9 opinions
- United States v. RutherfordSupreme Court of the United States · 1979
- Merrill v. Abbott (In Re Independent Clearing House Co.)District Court, D. Utah · 1987
- Peter J. Brennan, Secretary of Labor, United States Department of Labor v. Valley Towing Co., Inc., a Corporation and Robert DyarCourt of Appeals for the Ninth Circuit · 1975
- 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
- In Re White River CorporationCourt of Appeals for the Tenth Circuit · 1986
4 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- In Re Fulghum Construction Corp., Debtor. Robert H. Waldschmidt, Trustee v. Harry H. Ranier, Algin Nolan, and Ranier & AssociatesCourt of Appeals for the Sixth Circuit · 1989
- Brandt v. Repco Printers & Lithographics, Inc. (In Re Healthco International, Inc.)Court of Appeals for the First Circuit · 1997
- In Re M & L Business Machine Company, Inc.Court of Appeals for the Tenth Circuit · 1996
- Thomas G. Lovett, Jr., Trustee for Transportation Systems International, Inc. v. St. Johnsbury TruckingCourt of Appeals for the Eighth Circuit · 1991
- Harman v. First American Bank of Maryland (In re Jeffrey Bigelow Design Group, Inc.)Court of Appeals for the Fourth Circuit · 1992
47 more not listed; retrieve them via the Exa API.