Legal Opinion

Marsh v. Heldt Lumber Co. (In Re McCoy)

United States Bankruptcy Court, D. Arizona

Decided August 27, 1984No. Bankruptcy No. B-82-1890-PHX-LO, Adv. No. B-82-1395PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM OPINION AND JUDGMENT

LAWRENCE OLLASON, Bankruptcy Judge.

The above-entitled matter came on for hearing before The Honorable Lawrence Ollason, Bankruptcy Judge, on the complaint of Wayne P. Marsh as trustee for the above-named estate.

The trustee moved for summary judgment claiming that a writ of garnishment obtained prior to ninety (90) days before the filing of bankruptcy amounts to a preferential transfer when the garnishment judgment occurs within the ninety (90) days. The defendant filed a response and cross-motion for summary judgment. Both parties agree that the facts are not in…

2Cases cited9 opinions

  1. Corn Exchange National Bank & Trust Co. v. KlauderSupreme Court of the United States · 1943
  2. Cox v. General Electric Credit Corp. (In Re Cox)United States Bankruptcy Court, D. Maryland · 1981
  3. Gillespie Land & Irrigation Co. v. JonesArizona Supreme Court · 1945
  4. Weir v. GalbraithArizona Supreme Court · 1962
  5. Moratzka v. Bill Simek Distributing, Inc. (In Re Brinker)United States Bankruptcy Court, D. Minnesota · 1981

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

3Cited by12 opinions

  1. In the Matter of Freedom Group, Incorporated, Doing Business as Metro Metals, Debtor. Freedom Group, Incorporated v. Lapham-Hickey Steel CorporationCourt of Appeals for the Seventh Circuit · 1995
  2. In Re Lester D. Lane and Bonnie F. Lane, Debtors. Hurst Concrete Products, Inc. v. Lester D. Lane Bonnie F. LaneCourt of Appeals for the Ninth Circuit · 1992
  3. Aspen Data Graphics, Inc. v. Boulton (In Re Aspen Data Graphics, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1990
  4. Bankr. L. Rep. P 76,102 in Re Battery One-Stop Ltd., Debtor. Battery One-Stop Ltd. v. Atari CorporationCourt of Appeals for the Sixth Circuit · 1994
  5. Nelson Co. v. Amquip Corp. (In Re Nelson Co.)United States Bankruptcy Court, E.D. Pennsylvania · 1990

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