Legal Opinion
In Re New York City Shoes, Inc., Debtor. New York City Shoes, Inc. v. Bentley International, Inc.
Court of Appeals for the Third Circuit
Decided July 12, 1989No. 89-1051PublishedCited by 77 opinions
1Opinion of the Court
OPINION OF THE COURT
BECKER, Circuit Judge.
The bankruptcy code allows the debtor’s trustee to avoid certain preferential transfers made by the debtor to a creditor within the 90-day period before the debtor filed its petition in bankruptcy. See 11 U.S.C. § 547(b) (1982 & Supp. V 1987). However, 11 U.S.C. § 547(c)(4) (1982) allows a creditor to retain an otherwise voidable preference if the creditor gave the debtor new value after the preferential transfer. This appeal presents the question of when a postdated check given by a debtor to a creditor should be deemed transferred for purposes of…
2Cases cited12 opinions
- United States & Interstate Commerce Commission v. American Railway Express Co.Supreme Court of the United States · 1924
- Universal Minerals, Inc. v. C. A. Hughes & Co.Court of Appeals for the Third Circuit · 1981
- Nolvert P. SCOTT, Jr., Appellant, Etc. v. the UNIVERSITY OF DELAWARE Et Al.Court of Appeals for the Third Circuit · 1979
- Gold Coast Seed Co. v. Spokane Seed Co. (In Re Gold Coast Seed Co.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983
- Chaitman v. Paisano Automotive Liquids, Inc. (In Re Almarc Manufacturing, Inc.)United States Bankruptcy Court, N.D. Illinois · 1986
7 more not listed; retrieve them via the Exa API.
3Cited by77 opinions
- Barnhill v. JohnsonSupreme Court of the United States · 1992
- Schubert v. Lucent Technologies Inc. (In Re Winstar Communications, Inc.)Court of Appeals for the Third Circuit · 2009
- Friedman's Liquidating Trust v. Roth Staffing Companies LP (In Re Friedman's Inc.)Court of Appeals for the Third Circuit · 2013
- In Re BrantzUnited States Bankruptcy Court, E.D. Pennsylvania · 1989
- Laker v. Vallette (In Re Toyota of Jefferson, Inc.)Court of Appeals for the Fifth Circuit · 1994
72 more not listed; retrieve them via the Exa API.