Legal Opinion
Four Winds Enterprises, Inc. v. First National Bank (In Re Four Winds Enterprises, Inc.)
United States Bankruptcy Court, S.D. California
Decided December 13, 1988No. 19-00661PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM DECISION
JOHN J. HARGROVE, Bankruptcy Judge.
The issues herein arise on plaintiffs Four Winds Enterprises, Inc.’s (“Four Winds”) motion for summary adjudication of facts on the issue of whether defendant First National Bank (“FNB”) has received a preferential transfer. At issue is whether the court may summarily adjudicate the following facts: 1) that there was a transfer of the debtor’s property, to wit the UCC filing; 2) that it was for the benefit of a creditor; 3) that the transfer was on account of an antecedent debt owed by the debtor before the transfer was made; and 4) that…
2Cases cited4 opinions
- In Re Gold Coast Seed Company, Debtor, M. Nolden, Trustee v. Van Dyke Seed Company, Inc.Court of Appeals for the Ninth Circuit · 1985
- Yale Transport Corp. v. Yellow Truck & Coach Mfg. Co.District Court, S.D. New York · 1944
- Murphy v. Griffel (In Re Wegner)United States Bankruptcy Court, D. Montana · 1986
- In Re AbellUnited States Bankruptcy Court, N.D. Mississippi · 1986
3Cited by5 opinions
- Waldschmidt v. Park Bank (In Re Rude)United States Bankruptcy Court, E.D. Wisconsin · 1990
- Martin v. BarclaysAmerican/Leasing, Inc. (In Re Martin)United States Bankruptcy Court, N.D. Texas · 1990
- Rosenbaum v. Mechanics Savings Bank (In Re Cameron)United States Bankruptcy Court, D. Connecticut · 1993
- Armstrong v. Metropolitan Federal Bank, Minot (In Re Chapman)United States Bankruptcy Court, D. North Dakota · 1990
- Four Winds Enterprises, Inc. v. First National Bank (In re Four Winds Enterprises, Inc.)United States Bankruptcy Court, S.D. California · 1989