Legal Opinion
Gower v. Ford Motor Credit Co. (In Re Davis)
United States Bankruptcy Court, M.D. Georgia
Decided August 19, 1982No. 15-70138PublishedCited by 22 opinions
1Opinion of the Court
COMPLAINT OF TRUSTEE TO AVOID PREFERENCE
ALGIE M. MOSELEY, Jr., Bankruptcy Judge.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Herein, the Trustee seeks to avoid a transfer under 11 U.S.C. § 547, Preferences. The stipulated facts show such preference, but Defendants rely upon 11 U.S.C. § 547(c)(1) as a defense. Herein, the Court finds that this defense is not available to the Defendants, and the transfer is avoided.
FINDINGS OF FACT
The parties have stipulated facts, and upon those facts have submitted this adversary proceeding to the Court for decision. Facts as stipulated are as follows:
1
On Friday,…
2Cases cited14 opinions
- National Railroad Passenger Corporation v. National Assn. of Railroad PassengersSupreme Court of the United States · 1974
- United States v. OregonSupreme Court of the United States · 1961
- Muniz v. HoffmanSupreme Court of the United States · 1975
- Bread Political Action Committee v. Federal Election CommissionSupreme Court of the United States · 1982
- Mildred Lee Rogers v. Frito-Lay, Incorporated, Howard L. Moon v. Roadway Express, Inc.Court of Appeals for the Fifth Circuit · 1980
9 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- In Re ArnettCourt of Appeals for the Sixth Circuit · 1984
- DeRosa v. Buildex Inc. (In Re F & S Central Manufacturing Corp.)United States Bankruptcy Court, E.D. New York · 1985
- In Re David Larry Davis, Debtor. Charles A. Gower, Trustee v. Ford Motor Credit Company and Maxwell Ford Tractor, Inc.Court of Appeals for the Eleventh Circuit · 1984
- Estate of Patel v. Patel (In Re Patel)District Court, N.D. Illinois · 1984
- Waldschmidt v. Ford Motor Credit Co. (In Re Murray)United States Bankruptcy Court, M.D. Tennessee · 1983
17 more not listed; retrieve them via the Exa API.