Legal Opinion
Ginsberg v. Elkem Metals Co. (In Re Olympic Foundry Co.)
United States Bankruptcy Court, W.D. Washington
Decided July 25, 1985No. 18-14536PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM DECISION
SIDNEY C. YOLINN, Bankruptcy Judge.
The trustee has sued to recover preferential payments under 11 U.S.C. § 547. In order for the trustee to prevail he has the burden of proving the elements set forth in § 547(b). If these are established there are, nevertheless, various defenses, set forth in § 547(c), by which the creditor may avoid liability.
The trustee has met his burden of proof as to the five elements of § 547(b), to-wit:(1) a transfer to or for benefit of the creditor(2) on account of antecedent debt(3) while debtor was insolvent(4) made within 90 days before filing…
2Cases cited13 opinions
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Thomas v. Union Carbide Agricultural Products Co.Supreme Court of the United States · 1985
- In Re Wadsworth Building Components, Inc., Debtor, Gary L. McClendon Trustee v. Cal-Wood DoorCourt of Appeals for the Ninth Circuit · 1983
- Gold Coast Seed Co. v. Spokane Seed Co. (In Re Gold Coast Seed Co.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983
- Leathers v. Prime Leather Finishes Co.District Court, D. Maine · 1984
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Chaitman v. Paisano Automotive Liquids, Inc. (In Re Almarc Manufacturing, Inc.)United States Bankruptcy Court, N.D. Illinois · 1986
- In Re Belknap, Inc., Debtor. Official Unsecured Creditors' Committee of Belknap, Inc. v. The Shaler CorporationCourt of Appeals for the Sixth Circuit · 1990
- Successor Committee of Creditors Holding Unsecured Claims v. Bergen Brunswig Drug Co. (In Re Ladera Heights Community Hospital, Inc.)United States Bankruptcy Court, C.D. California · 1993
- In Re RheubanUnited States Bankruptcy Court, C.D. California · 1991
- Lowrey v. U.P.G., Inc. (In re Robinson Bros. Drilling, Inc.)Court of Appeals for the Tenth Circuit · 1989
2 more not listed; retrieve them via the Exa API.