Legal Opinion
Newton v. Ed's Supply Co. (In Re White)
United States Bankruptcy Court, E.D. Tennessee
Decided February 7, 1986No. Bankruptcy No. 3-85-00367, Adv. No. 3-85-1090PublishedCited by 37 opinions
1Opinion of the Court
MEMORANDUM
CLIVE W. BARE, Bankruptcy Judge.
The plaintiff trustee contends a payment in the amount of $15,000.00 made to defendant by debtor is an avoidable preferential transfer. 11 U.S.C.A. § 547(b) (West 1979 & Supp.1985).
I
Proof was submitted by way of stipulations, and by testimony of James Finnell, president and general manager of defendant Ed’s Supply Company; debtor Joseph Michael White, the sole proprietor of Kal-thoff Heating & Cooling (Kalthoff); and Barry Davis, office manager for Kalthoff. The facts are undisputed.
Defendant Ed’s Supply Company, Inc. is a wholesale distributor of…
2Cases cited2 opinions
- Ewald Bros., Inc. v. Kraft, Inc. (In Re Ewald Bros., Inc.)United States Bankruptcy Court, D. Minnesota · 1984
- Flatau v. Marathon Oil Co. (In Re Craig Oil Co.)United States Bankruptcy Court, M.D. Georgia · 1983
3Cited by37 opinions
- In Re Fred Hawes Organization, Inc., Debtor. William B. Logan, Trustee v. Basic Distribution CorporationCourt of Appeals for the Sixth Circuit · 1992
- In Re Fulghum Construction Corp., Debtor. Robert H. Waldschmidt, Trustee v. Harry H. Ranier, Algin Nolan, and Ranier & AssociatesCourt of Appeals for the Sixth Circuit · 1989
- In Re Yurika Foods Corp., Debtor and Debtor-In-Possession. Yurika Foods Corporation v. United Parcel ServiceCourt of Appeals for the Sixth Circuit · 1989
- In the Matter of Excello Press, Incorporated, Debtor. Appeal of Daniel A. Zazove, Attorney for DebtorCourt of Appeals for the Seventh Circuit · 1992
- First Software Corp. v. Curtis Manufacturing Co. (In Re First Software Corp.)United States Bankruptcy Court, D. Massachusetts · 1988
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