Silverman Consulting, Inc. v. Canfor Wood Products Marketing (In Re Payless Cashways, Inc.)
United States Bankruptcy Appellate Panel for the Eighth Circuit
1Opinion of the Court
DREHER, Bankruptcy Judge.
This appeal concerns the contemporaneous exchange for new value defense, 11 U.S.C. § 547(c)(1). The bankruptcy court 1 held that Silverman Consulting, Inc., (“the trustee”) had established that four transfers were preferences, but that the defendant had established this defense and the transfers were not avoidable. We consider whether what appear on then-face to be a credit transactions were in fact cash-on-delivery sales, or the substantial equivalent. In our view, our decision turns largely on a construction of the contracts between the parties.
FACTS AND PROCEDURAL…
2Cases cited26 opinions
- Village of San Jose, a Municipal Corporation v. Daniel L. McWilliams and Ida M. McWilliams Debtors-AppelleesCourt of Appeals for the Seventh Circuit · 2002
- In Re Iowa Premium Service Co., Inc., Debtor. Iowa Premium Service Co., Inc. v. First National Bank in St. Louis, St. Louis, MissouriCourt of Appeals for the First Circuit · 1982
- In Re: Daryl Lee Vote, Debtor. Wayne Drewes, as Bankruptcy Trustee v. Daryl Lee VoteCourt of Appeals for the Eighth Circuit · 2002
- In Re: Jones Truck Lines, Inc.Court of Appeals for the Eighth Circuit · 1998
- In Re: Murray F. Armstrong, Debtor. Harrah's Tunica Corporation, D/B/A Harrah's Casino Cruises-Tunica, Appellant/cross v. William S. Meeks, Trustee, Appellee/crossCourt of Appeals for the Eighth Circuit · 2002
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3Cited by27 opinions
- In Re Hechinger Investment Company of Delaware, Inc., Debtors. Hechinger Investment Company of Delaware, Inc. v. Universal Forest Products, Inc., No. 06-2166. In Re Hechinger Investment Company of Delaware, Inc., Debtors. Hechinger Investment Company of Delaware, Inc. v. Universal Forest Products, Inc. Hechinger Liquidation Trust, as Successor in Interest to Hechinger Investment Company of Delaware Inc., Debtors in Possession, No. 06-2229Court of Appeals for the Third Circuit · 2007
- Peltz v. Hartford Life Insurance (In Re Bridge Information Systems, Inc.)United States Bankruptcy Court, E.D. Missouri · 2005
- Peltz v. Edward C. Vancil, Inc. (In Re Bridge Information Systems, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2005
- Universal Forest Products Inc. v. Hechinger Investment Co. (In Re Hechinger Investment Co.)District Court, D. Delaware · 2006
- Post-Confirmation Committee v. Tomball Forest, Ltd. (In re Bison Building Holdings, Inc.)United States Bankruptcy Court, S.D. Texas · 2012
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