Legal Opinion

Enserv Co. v. Manpower, Inc./California Peninsula (In Re Enserv Co.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided July 30, 1986No. BAP No. NC-86-1031-MeAsV, Bankruptcy No. 4-85-03893H, Adv. No. 485-0097AWPublishedCited by 23 opinions

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

  1. Philbrook v. GlodgettSupreme Court of the United States · 1975
  2. In Re ArnettCourt of Appeals for the Sixth Circuit · 1984
  3. In Re Fulghum Construction CorporationCourt of Appeals for the First Circuit · 1983
  4. Hansen v. Finn (In Re Curry & Sorensen, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
  5. 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

  1. Bank of Maui v. Estate Analysis, Inc.Court of Appeals for the Ninth Circuit · 1990
  2. In Re Parmetex, Inc.Court of Appeals for the Ninth Circuit · 1999
  3. Barber v. McCord Auto Supply, Inc. (In Re Pearson Industries, Inc.)United States Bankruptcy Court, C.D. Illinois · 1995
  4. In the Matter of Chg International, Inc., Debtor. Chg International, Inc. v. Barclays BankCourt of Appeals for the Ninth Circuit · 1990
  5. Dunes Hotel Associates v. Hyatt Corp.District Court, D. South Carolina · 2000

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

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