Legal Opinion

Jonas v. Farmer Bros. (In Re Comark)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided September 23, 1992No. BAP Nos. CC-91-1280-PVMe, CC-91-1331-PVMe, Bankruptcy No. SA82-03850JB, Adv. No. SA85-1162JBPublishedCited by 14 opinions

1Opinion of the Court

OPINION

PERRIS, Bankruptcy Judge:

These appeals arise from the bankruptcy court’s judgment determining that a pre-petition transfer pursuant to a repurchase agreement from the debtor, Comark, to the appellee, Farmer Bros. Co. (“FBC”) could not be avoided by the debtor’s Chapter 7 Trustee, Sam Jonas (“the Trustee”). The bankruptcy court determined that although the Trustee established the elements of 11 U.S.C. § 547(b), 1 the transfer was protected by the defenses of sections 547(c)(1), 547(c)(2) and 546(e). In CC-91-1280, the Trustee appeals the bankruptcy court’s judgment in favor of FBC. In…

2Cases cited14 opinions

  1. Red Lion Broadcasting Co. v. Federal Communications CommissionSupreme Court of the United States · 1969
  2. In the Matter of Pizza of Hawaii, Inc., Debtor. Pizza of Hawaii, Inc. v. Shakey's, Inc.Court of Appeals for the Ninth Circuit · 1985
  3. In Re Craig Oil Company, Debtor. Marathon Oil Company v. William M. Flatau, TrusteeCourt of Appeals for the Eleventh Circuit · 1986
  4. In Re Robert Stephen Adams, Debtor. Betty Hilda Ida Koepke Moraes v. Robert Stephen Adams, Robert Stephen AdamsCourt of Appeals for the Ninth Circuit · 1985
  5. In Re Comark, Debtor. Sam Jonas, Chapter 7 Trustee v. Resolution Trust Corporation, as Receiver for Greatamerican Federal Savings & Loan Assoc.Court of Appeals for the Ninth Circuit · 1992

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3Cited by14 opinions

  1. Kipperman v. Circle Trust F.B.O. (In Re Grafton Partners, L.P.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
  2. Official Committee of Unsecured Creditors of Norstan Apparel Shops, Inc. v. Lattman (In Re Norstan Apparel Shops, Inc.)United States Bankruptcy Court, E.D. New York · 2007
  3. General Motors Corp. v. Franchise Tax BoardCalifornia Supreme Court · 2006
  4. Resolution Trust Corporation, as Conservator for Greatamerican Federal Savings and Loan Association v. Aetna Casualty & Surety Company of IllinoisCourt of Appeals for the Seventh Circuit · 1994
  5. In Re Hamilton Taft & Co.United States Bankruptcy Court, N.D. California · 1995

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