Legal Opinion

In Re A. Fassnacht & Sons, Inc., Debtor. Richard P. Jahn, Jr., Trustee v. Suzanne Fassnacht

Court of Appeals for the Sixth Circuit

Decided August 14, 1987No. 86-5724PublishedCited by 5 opinions

1Opinion of the Court

JULIAN ABELE COOK, Jr., District Judge.

This is an appeal from a decision by a district judge who concluded that a bankruptcy trustee could not recover the repayment of a $100,000 loan by a debtor to a creditor. Appellant generally alleges that the repayment constituted an impermissible granting of a preference to one creditor over other creditors, thereby violating the 1980 provisions of 11 U.S.C. § 547(b). 1 For the reasons that are set forth below, we affirm the decision of District Judge L. Clure Morton.

I

A. Fassnacht & Sons, Inc. filed a petition in bankruptcy in November 1980. Prior to…

2Cases cited20 opinions

  1. Southern Industries, Inc. v. JeremiasAppellate Division of the Supreme Court of the State of New York · 1978
  2. In the Matter of Hygrade Envelope Corp., Bankrupt. Samuel S. Baranow, Trustee in Bankruptcy of Hygrade Envelope Corp. v. Gibraltar Factors Corp.Court of Appeals for the Second Circuit · 1966
  3. In the Matter of Citizens Loan and Savings Company, Bankrupt. George v. Aylward, Jr., Trustee in Bankruptcy v. Charlotte WeiserCourt of Appeals for the Eighth Circuit · 1980
  4. Robert K. Mayo, as Trustees in Bankruptcy of Twin City Construction Company, Inc., Bankrupt v. Pioneer Bank & Trust CompanyCourt of Appeals for the Fifth Circuit · 1962
  5. Foley v. Briden (In Re Arrowhead Gardens, Inc.)United States Bankruptcy Court, D. Massachusetts · 1983

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3Cited by5 opinions

  1. Coated Sales, Inc. v. First Eastern Bank, N.A. (In Re Coated Sales, Inc.)United States Bankruptcy Court, S.D. New York · 1992
  2. United States Lines (S.A.), Inc. v. United States (In Re McLean Industries, Inc.)United States Bankruptcy Court, S.D. New York · 1991
  3. Jahn v. Economy Car Leasing, Inc. (In Re Henderson)United States Bankruptcy Court, E.D. Tennessee · 1989
  4. Gordon v. Rogich (In re Alpha Protective Servs., Inc.)United States Bankruptcy Court, M.D. Georgia · 2018
  5. Gordon v. Hackenberry (In re Alpha Protective Servs., Inc.)United States Bankruptcy Court, M.D. Georgia · 2018

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