Legal Opinion
Zimmerman v. Pennsylvania (In Re Rimmer Corp.)
United States Bankruptcy Court, E.D. Pennsylvania
Decided December 11, 1987No. 19-10235PublishedCited by 18 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
This adversarial proceeding, brought by the Chapter 7 Trustee of the Debtor to recover an alleged preferential transfer from the Debtor to the Defendant Commonwealth for tax liabilities, turns on whether the Trustee has met the requirement set forth in 11 U.S.C. § 547(b)(5), which recites that the creditor must receive more as a result of the transfer than it would have received in a liquidation of the Debtor. Because the Defendant stands in a senior lien position and would have stood to recover at least the amount of the alleged preferential transfer…
2Cases cited17 opinions
- Palmer Clay Products Co. v. BrownSupreme Court of the United States · 1936
- Barash v. Public Finance Corp.Court of Appeals for the Seventh Circuit · 1981
- Merrill v. Abbott (In Re Independent Clearing House Co.)United States Bankruptcy Court, D. Utah · 1984
- 13 Collier bankr.cas.2d 1400, Bankr. L. Rep. P 70,902 in Re Lewis W. Shurtleff, Inc. And Frontier Properties, Inc., Debtors. Thomas D. Elliott, Trustee v. Frontier Properties/lp 102/meadow Glen Arms/79Court of Appeals for the Ninth Circuit · 1986
- In re PrescottCourt of Appeals for the Seventh Circuit · 1986
12 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Dynaforce Corp. v. Temp-Way Corp. (In Re Temp-Way Corp.)United States Bankruptcy Court, E.D. Pennsylvania · 1987
- Harry P. Begier, Jr., Trustee v. United States of America Internal Revenue ServiceCourt of Appeals for the Third Circuit · 1989
- In Re Union Meeting PartnersUnited States Bankruptcy Court, E.D. Pennsylvania · 1993
- United States v. Motor Freight Express (In Re Motor Freight Express)United States Bankruptcy Court, E.D. Pennsylvania · 1988
- Begier v. United States, Internal Revenue Service (In Re American International Airways, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1988
13 more not listed; retrieve them via the Exa API.