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Legal Opinion

Barrett Dodge Chrysler Plymouth, Inc. v. Cranshaw

Court of Appeals for the Eleventh Circuit

Decided November 8, 2004No. 04-10021PublishedCited by 48 opinions

1Opinion of the Court

PRYOR, Circuit Judge:

The issue presented in this appeal is whether the bankruptcy court clearly erred in holding that three of ten sales of used cars to a debtor were not according to “ordinary business terms,” under section 547(c)(2)(C) of the Bankruptcy Code, because those sales, in contrast with the other seven, took longer to close than the industry average. The resolution of this issue will determine the availability of a defense under section 547(c), which allows a creditor to keep assets transferred “in the ordinary course of business” by the debtor during the preference period of 90…

2Cases cited12 opinions

  1. Union Bank v. WolasSupreme Court of the United States · 1991
  2. In the Matter of Tolona Pizza Products Corporation, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1993
  3. In Re Roblin Industries, Inc., Debtor. William E. Lawson, Trustee, in Bankruptcy of Roblin Industries, Inc. v. Ford Motor CompanyCourt of Appeals for the Second Circuit · 1996
  4. In Re Craig Oil Company, Debtor. Marathon Oil Company v. William M. Flatau, TrusteeCourt of Appeals for the Eleventh Circuit · 1986
  5. In Re Molded Acoustical Products, Inc., Debtor. Fiber Lite Corporation v. Molded Acoustical Products, Inc.Court of Appeals for the Third Circuit · 1994

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3Cited by48 opinions

  1. IBT International, Inc. v. Northern (In Re International Administrative Services, Inc.)Court of Appeals for the Eleventh Circuit · 2005
  2. In Re EgidiCourt of Appeals for the Eleventh Circuit · 2009
  3. In Re Globe Manufacturing Corp.Court of Appeals for the Eleventh Circuit · 2009
  4. In Re: Optical Technologies, Inc. v. Larson Pharmacy Inc.Court of Appeals for the Eleventh Circuit · 2005
  5. Kaye v. Agripool, SRL (In Re Murray Inc.)Bankruptcy Appellate Panel of the Sixth Circuit · 2008

43 more not listed; retrieve them via the Exa API.

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