Legal Opinion

Armstrong v. General Growth Development Corp. (In Re Clothes, Inc.)

United States Bankruptcy Court, D. North Dakota

Decided August 28, 1984No. 19-30072PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

WILLIAM A. HILL, Bankruptcy Judge.

By Complaint filed September 16, 1982, the Trustee brought an action against the Defendants seeking to recover two rent payments as constituting preferential transfers pursuant to section 547 of the Code. The Defendants have taken the position that the payments were intended by the Defendants as well as the Debtor to be contemporaneous exchanges for new value or, in the alternative, were made in payment of a debt incurred in the ordinary course of business within 45 days after the debt was incurred. As such, either section…

2Cases cited8 opinions

  1. 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
  2. Belfance v. Bancohio/National Bank (In Re McCormick)United States Bankruptcy Court, N.D. Ohio · 1980
  3. Carmack v. Zell (In Re Mindy's, Inc.)United States Bankruptcy Court, S.D. Ohio · 1982
  4. Ford Motor Credit Co. v. Ken Gardner Ford Sales, Inc. (In Re Ken Gardner Ford Sales, Inc.)United States Bankruptcy Court, E.D. Tennessee · 1981
  5. Bavely v. Merchants National Bank (In Re Lario)United States Bankruptcy Court, S.D. Ohio · 1983

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. A.I. Credit Corp. v. Drabkin (In Re Auto-Train Corp.)District Court, District of Columbia · 1985
  2. Aguillard v. Bank of Lafayette (In Re Bourgeois)United States Bankruptcy Court, W.D. Louisiana · 1986
  3. Newton v. Andrews Distributing Co. (In Re White)United States Bankruptcy Court, E.D. Tennessee · 1986
  4. Gulf Oil Corp. v. Banque De Paris Et Des Pays-Bas (In Re Fuel Oil Supply & Terminaling, Inc.)District Court, S.D. Texas · 1987
  5. Everlock Fastening Systems, Inc. v. Health Alliance Plan (In Re Everlock Fastening Systems, Inc.)United States Bankruptcy Court, E.D. Michigan · 1994

2 more not listed; retrieve them via the Exa API.

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