Legal Opinion

Eggleston v. Third National Bank (In Re Eggleston)

United States Bankruptcy Court, M.D. Tennessee

Decided March 29, 1982No. Bankruptcy No. 381-02043, Adv. No. 381-0396PublishedCited by 32 opinions

1Opinion of the Court

MEMORANDUM

GEORGE C. PAINE, II, Bankruptcy Judge.

This adversary proceeding was commenced by the debtor, Robert P. Eggleston, to avoid a preferential transfer pursuant to 11 U.S.C. § 522(h). The debtor specifically contends that monies paid to the defendant, Third National Bank (hereinafter “Third National”), within 90 days of the filing of the debtor’s Chapter 7 petition pursuant to a garnishment order issued on January 6, 1981, constitutes a preferential transfer within the provisions of 11 U.S.C. § 547(b). The defendant essentially asserts that the transfer of wages occurred when the debt-…

2Cases cited16 opinions

  1. Metcalf v. BarkerSupreme Court of the United States · 1902
  2. R. Anthony Dubay v. Everette H. Williams, Everette H. Williams v. Rose City Development Co., Inc., Robert J. Davis v. Everette H. WilliamsCourt of Appeals for the Ninth Circuit · 1969
  3. Grain Merchants of Indiana, Inc., Bankrupts, Mark L. France, Trustee v. Union Bank and Savings Company, Bellevue, OhioCourt of Appeals for the Seventh Circuit · 1969
  4. Cox v. General Electric Credit Corp. (In Re Cox)United States Bankruptcy Court, D. Maryland · 1981
  5. Baum v. United Virginia Bank (In Re Baum)United States Bankruptcy Court, E.D. Virginia · 1981

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

3Cited by32 opinions

  1. In re CoppieCourt of Appeals for the Seventh Circuit · 1984
  2. Waldschmidt v. Ford Motor Credit Co. (In Re Murray)United States Bankruptcy Court, M.D. Tennessee · 1983
  3. Perry v. General Motors Acceptance Corp. (In Re Perry)United States Bankruptcy Court, M.D. Tennessee · 1985
  4. Bankr. L. Rep. P 71,950 in the Matter of Lucylle Cox Latham, Debtor. W.B. Phillips v. Mbank Waco, N.A.Court of Appeals for the Fifth Circuit · 1987
  5. In Re SmithUnited States Bankruptcy Court, E.D. Virginia · 1984

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

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