Legal Opinion
Friedman v. 1000 Brickell, Ltd. (In Re Advertising Associates, Inc.)
United States Bankruptcy Court, S.D. Florida.
Decided January 26, 1989No. 19-12688PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM DECISION
THOMAS C. BRITTON, Chief Judge.
The trustee seeks recovery under 11 U.S.C. § 547(b) of $17,500 as a preference to the debtor’s landlord. The defendant has answered with an affirmative defense. The matter was tried December 15, 1988 and the parties have filed excellent briefs. (CP 11, 12).
I now conclude that the trustee is entitled to recovery.
The facts are undisputed. On February 8,1988, the debtor, then a chapter 11 debtor-in-possession, gave the defendant landlord cashier’s checks totalling $17,500. The landlord was then owed $50,419 for overdue rent.
This transfer occurred…
2Cases cited5 opinions
- In Re Air Conditioning, Inc. Of Stuart, Debtor. American Bank of Martin County, Douglass E. Wendel, Trustee v. Leasing Service CorporationCourt of Appeals for the Eleventh Circuit · 1988
- In Re Jet Florida Systems, Inc., F/k/a Air Florida Systems, Inc., Debtor. Jet Florida, Inc. v. American Airlines, Inc.Court of Appeals for the Eleventh Circuit · 1988
- Philip I. Palmer, Jr., Etc. v. Radio Corporation of AmericaCourt of Appeals for the Fifth Circuit · 1971
- Charisma Investment Co., N.V. v. Airport Systems, Inc. (In re Jet Florida System, Inc.)Court of Appeals for the Eleventh Circuit · 1988
- Woolfson v. DoyleDistrict Court, S.D. New York · 1960
3Cited by5 opinions
- Fisher v. New York City Department of Housing Preservation & Development (In Re Pan Trading Corp., S.A.)United States Bankruptcy Court, S.D. New York · 1991
- Barber v. Lebo (In Re Industrial & Municipal Engineering, Inc.)United States Bankruptcy Court, C.D. Illinois · 1990
- Ellenberg v. Mercer (In Re Home Co.)United States Bankruptcy Court, N.D. Georgia · 1989
- Nordberg v. Arab Banking Corp. (In Re Chase & Sanborn Corp.)United States Bankruptcy Court, S.D. Florida. · 1991
- Schlant v. Schueler (In Re Buffalo Auto Glass)United States Bankruptcy Court, W.D. New York · 1995