Legal Opinion
Hickey v. Nightingale Roofing, Inc.
District Court, D. Massachusetts
Decided February 29, 1988No. Civ. A. 87-1882-WDPublishedCited by 14 opinions
1Opinion of the Court
MEMORANDUM
WOODLOCK, District Judge.
This case presents the narrow question whether, and under what circumstances, a trustee in bankruptcy may avoid as a preferential transfer a payment made by a debtor to a creditor in settlement of a lawsuit shortly before the debtor filed for bankruptcy. The Bankruptcy Court below found that such a transfer was not made in the “ordinary course of business,” see generally, 11 U.S.C. § 547(b) and (c), and, accordingly, that the creditor should be required to remit the proceeds of the transfer to the trustee. Alter-Hall Construction Co., Inc. v. Nightingale…
2Cases cited9 opinions
- Katchen v. LandySupreme Court of the United States · 1966
- In Re Bullion Reserve of North America, a California Corporation, Curtis B. Danning, Chapter 7 Trustee v. Theodore P. BozekCourt of Appeals for the Ninth Circuit · 1988
- In Re Craig Oil Company, Debtor. Marathon Oil Company v. William M. Flatau, TrusteeCourt of Appeals for the Eleventh Circuit · 1986
- Wjm, Inc., Etc. v. Massachusetts Department of Public WelfareCourt of Appeals for the First Circuit · 1988
- In Re Magic Circle Energy Corp.United States Bankruptcy Court, W.D. Oklahoma · 1986
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Barber v. Lebo (In Re Industrial & Municipal Engineering, Inc.)United States Bankruptcy Court, C.D. Illinois · 1990
- Covey v. Northwest Community Bank (In Re Helen Gallagher Enterprises, Inc.)United States Bankruptcy Court, C.D. Illinois · 1991
- Ferrari v. Computer Associates International, Inc. (In Re First Software Corp.)United States Bankruptcy Court, D. Massachusetts · 1988
- Quality Botanical Ingredients, Inc. v. Triarco Industries, Inc. (In Re Quality Botanical Ingredients, Inc.)United States Bankruptcy Court, D. New Jersey · 2000
- Branch v. Ropes & Gray (In Re Bank of New England Corp.)United States Bankruptcy Court, D. Massachusetts · 1993
9 more not listed; retrieve them via the Exa API.