Enserv Co. v. Manpower, Inc./California Peninsula (In Re Enserv Co.)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
MEYERS, Bankruptcy Judge:
This appeal raises the question of whether the trial court properly dismissed an adversary proceeding brought to recover a preferential transfer because a secured creditor appeared to be the only beneficiary.
We REVERSE and REMAND.
I
FACTS
The Appellee, Manpower, Inc./California Peninsula (“Manpower”), obtained a judgment of $25,202.98 against the Debtor, En-serv Company, Inc., a construction company. To enforce this judgment, on October 24, 1984 Manpower levied on one of the Debtor’s bank accounts at the Bank of America and seized $25,343.93. On the same day the Debtor's…
2Cases cited13 opinions
- Philbrook v. GlodgettSupreme Court of the United States · 1975
- In Re ArnettCourt of Appeals for the Sixth Circuit · 1984
- In Re Fulghum Construction CorporationCourt of Appeals for the First Circuit · 1983
- Hansen v. Finn (In Re Curry & Sorensen, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
- Committee of Unsecured Creditors v. Monsour Medical Center (In Re Monsour Medical Center)United States Bankruptcy Court, W.D. Pennsylvania · 1980
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Bank of Maui v. Estate Analysis, Inc.Court of Appeals for the Ninth Circuit · 1990
- In Re Parmetex, Inc.Court of Appeals for the Ninth Circuit · 1999
- Barber v. McCord Auto Supply, Inc. (In Re Pearson Industries, Inc.)United States Bankruptcy Court, C.D. Illinois · 1995
- In the Matter of Chg International, Inc., Debtor. Chg International, Inc. v. Barclays BankCourt of Appeals for the Ninth Circuit · 1990
- Dunes Hotel Associates v. Hyatt Corp.District Court, D. South Carolina · 2000
18 more not listed; retrieve them via the Exa API.