Legal Opinion

Official Committee of Unsecured Creditors of Contempri Homes, Inc. Ex Rel. Ch. 11 Estate of Contempri Homes, Inc. v. Wholesale (In Re Contempri Homes, Inc.)

United States Bankruptcy Court, M.D. Pennsylvania

Decided October 17, 2001No. Bankruptcy No. 5-97-00496. Adversary No. 5-98-00286APublishedCited by 9 opinions

1Opinion of the Court

OPINION 1

JOHN J. THOMAS, Bankruptcy Judge.

The above-captioned adversary 2 was initiated by a Complaint of the Official Committee of Unsecured Creditors of the Debtor (hereinafter “Plaintiff’) seeking to avoid certain transfers pursuant to both 11 U.S.C. §§ 547 and 549. The Defendants deny the transfers were preferential under the dictates of Section 547(b) 3 , but, alter natively argue to the extent the court finds any preferential transfers, they are protected by the “safe harbor” provisions articulated in Section 547(c)(1), (2), and (4) 4 .

By Joint Exhibit No. 1 (Stipulation of Facts), the…

2Cases cited17 opinions

In the Matter of Tolona Pizza Products Corporation, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1993
In Re Molded Acoustical Products, Inc., Debtor. Fiber Lite Corporation v. Molded Acoustical Products, Inc.Court of Appeals for the Third Circuit · 1994
In the Matter of J.P. Fyfe, Inc. Of Florida v. Bradco Supply CorporationCourt of Appeals for the Third Circuit · 1989
Thomas W. Garland, Inc. v. Union Electric Co. (In Re Thomas W. Garland, Inc.)United States Bankruptcy Court, E.D. Missouri · 1982
In Re New York City Shoes, Inc., Debtor. New York City Shoes, Inc. v. Bentley International, Inc.Court of Appeals for the Third Circuit · 1989

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3Cited by9 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
Hechinger Liquidation Trust v. Universal Forest Products, Inc. (In Re Hechinger Investment Co. of Delaware, Inc.)United States Bankruptcy Court, D. Delaware · 2005
Claybrook v. Pizza Hut, Inc. (In Re Discovery Zone, Inc.)United States Bankruptcy Court, D. Delaware · 2003
Computer Personalities Systems, Inc. v. Aspect ComputerDistrict Court, E.D. Pennsylvania · 2005
Post-Confirmation Committee v. Tomball Forest, Ltd. (In re Bison Building Holdings, Inc.)United States Bankruptcy Court, S.D. Texas · 2012

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