Legal Opinion
U.S. Bank National Ass'n v. SMF Energy Corp. (In Re Interstate Bakeries Corp.)
United States Bankruptcy Appellate Panel for the Eighth Circuit
Decided November 25, 2011No. BAP 11-6005PublishedCited by 3 opinions
1Opinion of the Court
KRESSEL, Chief Judge.
SMF Energy Corporation f/kja or d/b/a Streicher Mobile Fueling, Inc., appeals from a January 12, 2011 bankruptcy court 1 order finding that three payments totaling $54,778.46 received by SMF from Interstate Bakeries Corporation in the 90-day preference period preceding IBC’s chapter 11 filing were preferential payments under 11 U.S.C. § 547(b) and were thus subject to avoidance by U.S. Bank National Association in its capacity as trustee for the IBC Creditors Trust. We affirm.
BACKGROUND
Between September 27, 2002 and July 17, 2004, SMF provided vehicle fuel for Merita…
2Cases cited20 opinions
- Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
- Baldwin County Welcome Center v. BrownSupreme Court of the United States · 1984
- Order of Railroad Telegraphers v. Railway Express Agency, Inc.Supreme Court of the United States · 1944
- Henderson v. United StatesSupreme Court of the United States · 1996
- West v. ConrailSupreme Court of the United States · 1987
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3Cited by3 opinions
- US Bank National Ass'n v. Petro Commercial Services Inc. (In re Interstate Bakeries Corp.)United States Bankruptcy Court, W.D. Missouri · 2013
- BMO Harris Bank N.A., as Successor to M&I Marshall and Ilsley Bank v. Kelley, in his capacity as the Trustee of BMO Litigation TrustDistrict Court, D. Minnesota · 2022
- Kelley v. BMO Harris Bank N.A., as successor to M&I Marshall and IIsley BankDistrict Court, D. Minnesota · 2022