Legal Opinion
Bakst v. Schilling (In Re Cove Patio Corp.)
United States Bankruptcy Court, S.D. Florida.
Decided April 23, 1982No. 18-24341PublishedCited by 28 opinions
1Opinion of the Court
ORDER DISMISSING COMPLAINT AS TO MARY CHILD’S CORP.
THOMAS C. BRITTON, Bankruptcy Judge.
The trustee’s complaint seeks the avoidance under 11 U.S.C. § 547(b) of a preferential transfer made by the debtor in July, 1981, to Mary Child’s Corp., in the amount of $28,000.
This bankruptcy case was filed on December 28, 1981, clearly more than 90 days after the alleged transfer and the corporation is admittedly not an insider within the purview of § 547(b)(4)(B). Therefore, the transfer to Mary Child’s Corp. is not avoidable under § 547. The trustee readily concedes this point.
The trustee has alleged…
2Cases cited1 opinion
- Seeley v. Church Buildings & Interiors, Inc. (In Re Church Buildings & Interiors, Inc.)United States Bankruptcy Court, W.D. Oklahoma · 1981
3Cited by28 opinions
- Louis W. Levit, Trustee of V.N. Deprizio Construction Co. v. Ingersoll Rand Financial CorporationCourt of Appeals for the Seventh Circuit · 1989
- Gropper v. Unitrac, S.A. (In Re Fabric Buys of Jericho, Inc.)United States Bankruptcy Court, S.D. New York · 1983
- Goldberger v. Davis Jay Corregated Box Corp. (In Re Mercon Industries, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1984
- In Re Billy H. Harbour, Debtor. Donald W. Huffman, Trustee v. Commerce Security Corporation Vivian S. Brandon v. James M. Brandon Mary Eddy, Third Party in Re Billy H. Harbour, Debtor. Donald W. Huffman, Trustee v. Commerce Security Corporation Vivian S. Brandon v. James M. Brandon Mary Eddy, Third PartyCourt of Appeals for the Third Circuit · 1988
- Schmitt v. Equibank (In Re R.A. Beck Builder, Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 1983
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