Legal Opinion

Falcon Creditor Trust v. First Insurance Funding (In Re Falcon Products, Inc.)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided June 28, 2008No. BAP 07-6036EMPublishedCited by 9 opinions

1Opinion of the Court

VENTERS, Bankruptcy Judge.

This is an appeal of the bankruptcy court’s determination on summary judgment that certain payments made to the Defendant by Debtor Falcon Products, Inc., within the 90-day preference period were not preferential under 11 U.S.C. § 547. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 158(b). For the reasons set forth below, we reverse the decision of the bankruptcy court and remand this ease for further proceedings consistent with this opinion.

I. STANDARD OF REVIEW

We review the bankruptcy court’s grant of summary judgment de novo, applying the same…

2Cases cited12 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Caminetti v. United StatesSupreme Court of the United States · 1917
  3. Palmer Clay Products Co. v. BrownSupreme Court of the United States · 1936
  4. Williams v. Marlar (In Re Marlar)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2000
  5. Schwinn Plan Committee v. Transamerica Insurance Finance Corp. (In Re Schwinn Bicycle Co.)United States Bankruptcy Court, N.D. Illinois · 1996

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

3Cited by9 opinions

  1. Doeling v. O'Neill (In re O'Neill)United States Bankruptcy Court, D. North Dakota · 2016
  2. Seaver v. New Buffalo Auto Sales, LLC (In Re Hecker)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2011
  3. GGI Properties, LLC v. City of Millville (In re GGI Properties, LLC)United States Bankruptcy Court, D. New Jersey · 2017
  4. DeGiacomo v. Raymond C. Green, Inc. (In re Inofin Inc.)United States Bankruptcy Court, D. Massachusetts · 2014
  5. Luker v. Heartland Community Bank (In Re Frankum)United States Bankruptcy Court, E.D. Arkansas · 2011

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

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