Legal Opinion
Waldschmidt v. Ford Motor Credit Co. (In Re Murray)
United States Bankruptcy Court, M.D. Tennessee
Decided February 8, 1983No. Bankruptcy No. 382-00586, Adv. No. 382-0298PublishedCited by 33 opinions
1Opinion of the Court
MEMORANDUM
KEITH M. LUNDIN, Bankruptcy Judge.
This matter is before the court on the trustee’s complaint to avoid a preferential transfer. The trustee alleges that the debtors’ transfer of a security interest in an automobile is an avoidable preference. Ford Motor Credit Company denies that the transfer was preferential maintaining that it was not made on account of an antecedent debt, and that the transfer was a “contemporaneous exchange” excepted from the trustee’s avoiding powers. After review of the entire record and the applicable authority, the court concludes that the debtors’…
2Cases cited25 opinions
- Richards v. United StatesSupreme Court of the United States · 1962
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- United States v. MenascheSupreme Court of the United States · 1955
- Botany Worsted Mills v. United StatesSupreme Court of the United States · 1929
- National Railroad Passenger Corporation v. National Assn. of Railroad PassengersSupreme Court of the United States · 1974
20 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- In Re ArnettCourt of Appeals for the Sixth Circuit · 1984
- Wade v. Midwest Acceptance Corp. (In Re Wade)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1998
- In Re David Larry Davis, Debtor. Charles A. Gower, Trustee v. Ford Motor Credit Company and Maxwell Ford Tractor, Inc.Court of Appeals for the Eleventh Circuit · 1984
- In Re GyulafiaUnited States Bankruptcy Court, D. Kansas · 1986
- Vance v. VanceCourt of Appeals for the Ninth Circuit · 1983
28 more not listed; retrieve them via the Exa API.