Legal Opinion
Newton v. Andrews Distributing Co. (In Re White)
United States Bankruptcy Court, E.D. Tennessee
Decided March 21, 1986No. Bankruptcy No. 3-85-0036, Adv. No. 3-85-1118PublishedCited by 29 opinions
1Opinion of the Court
RALPH H. KELLEY, Bankruptcy Judge.
The debtor, Joseph Michael White, did business as Kalthoff Heating and Cooling. The defendant, Andrews Distributing Company, was one of Kalthoff s major suppliers. Within 90 days before bankruptcy, Kalthoff made three payments to Andrews. Each payment was made by check. They totaled $21,259.90. The trustee in bankruptcy brought this suit against Andrews to recover the payments as preferential transfers under Bankruptcy Code § 547. 11 U.S.C. § 547.
The parties have agreed that one payment was within the contemporaneous exchange exception and another was within…
2Cases cited12 opinions
- Chemical Bank v. Grisby's World of Carpet, Inc. (In Re WWG Industries, Inc.)District Court, N.D. Georgia · 1984
- Ewald Bros., Inc. v. Kraft, Inc. (In Re Ewald Bros., Inc.)United States Bankruptcy Court, D. Minnesota · 1984
- Waldschmidt v. Ranier (In Re Fulghum Construction Corp.)United States Bankruptcy Court, M.D. Tennessee · 1984
- LaRose v. Crosby & Son Towing, Inc. (In Re Dick Henley, Inc.)United States Bankruptcy Court, M.D. Louisiana · 1984
- Flatau v. Marathon Oil Co. (In Re Craig Oil Co.)United States Bankruptcy Court, M.D. Georgia · 1983
7 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- In the Matter of Tolona Pizza Products Corporation, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1993
- Kaye v. Agripool, SRL (In Re Murray Inc.)Bankruptcy Appellate Panel of the Sixth Circuit · 2008
- Morris v. Kansas Drywall Supply Co. (In Re Classic Drywall, Inc.)District Court, D. Kansas · 1991
- In Re Tennessee Chemical Company, Debtor. Scott N. Brown, Jr., Trustee v. Shell Canada Limited, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1997
- Cimmaron Oil Co., Inc. v. Cameron Consultants, Inc.District Court, N.D. Texas · 1987
24 more not listed; retrieve them via the Exa API.