Legal Opinion · Dissent

Rena C. Leo, of the Estate of Dr. Louis S. Leo, Deceased, Petitioning Creditor v. L & M Realty Corporation, a Virginia Corporation, Alleged Bankrupt

Court of Appeals for the Fourth Circuit

Decided December 6, 1955No. 7070Published

1DissentSoper, Circuit Judge

This is an appeal from an order of the District Court dismissing a petition in bankruptcy filed on August 16, 1954 against L & M Realty Corporation, a Virginia corporation, based on the ground' that on August 12, 1954' the corporation had committed an act of bankruptcy in that while insolvent, it paid in full a note of $9,000 owing by it to the National Bank of Commerce and a note of $5,000' owing by it to the Seaboard Citizens-Bank, thereby' making a preferential transfer, as defined in 11 U.S.C.A. § 96' sub. a(l), the effect of which was to> enable the banks to obtain a greater percentage…

2Cases cited7 opinions

  1. Swarts v. Fourth National BankCourt of Appeals for the Eighth Circuit · 1902
  2. American Surety Co. v. Westinghouse Electric Manufacturing Co.Supreme Court of the United States · 1935
  3. American Surety Co. of NY v. SampsellSupreme Court of the United States · 1946
  4. Jenkins v. National Surety Co.Supreme Court of the United States · 1928
  5. Central States Corp. v. Luther. In Re Garden Grain & Seed Co., IncCourt of Appeals for the Tenth Circuit · 1954

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