Legal Opinion

Allison v. First National Bank & Trust Co. (In Re Damon)

United States Bankruptcy Court, D. Kansas

Decided November 18, 1983No. 19-10072PublishedCited by 21 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

JAMES A. PUSATERI, Bankruptcy Judge.

In this chapter 7 proceeding, the trustee has filed a complaint to avoid three preferential transfers.

The trustee and attorney for trustee is Lynn D. Allison of Allison & Holloway, Wichita, Kansas. The transferree, First National Bank & Trust Co. of Great Bend, Kansas, is represented by Ernest McRae of McRae & Early, Wichita, Kansas.

The issues presented for determination are:

1. Has the trustee established the elements of a preference pursuant to 11 U.S.C. § 547(b).

2. Is there an exception to avoidance pursuant to 11 U.S.C. § 547(c)…

2Cases cited12 opinions

  1. Dean v. DavisSupreme Court of the United States · 1917
  2. Jahn v. First Tennessee Bank of Chattanooga (In Re Burnette)United States Bankruptcy Court, E.D. Tennessee · 1981
  3. In Re KelleyUnited States Bankruptcy Court, E.D. Tennessee · 1980
  4. Rovzar v. Biddeford & Saco Bus Garage, Inc. (In Re Saco Local Development Corp.)United States Bankruptcy Court, D. Maine · 1982
  5. Exchange Bank of Polk County v. Christian (In Re Christian)United States Bankruptcy Court, M.D. Florida · 1981

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

3Cited by21 opinions

  1. Official Committee of Unsecured Creditors of Tousa, Inc. v. Citicorp North America, Inc. (In Re Tousa, Inc.)United States Bankruptcy Court, S.D. Florida. · 2009
  2. Pine Top Insurance v. Bank of America National Trust & Savings Ass'nCourt of Appeals for the Seventh Circuit · 1992
  3. Pine Top Insurance Company, in Liquidation, an Insolvent Illinois Corporation v. Bank of America National Trust and Savings Association, a California Corporation, Pine Top Insurance Company, in Liquidation, an Insolvent Illinois Corporation v. Century Indemnity Company, a Connecticut Corporation, and Bank of America National Trust and Savings Association, a California CorporationCourt of Appeals for the Seventh Circuit · 1992
  4. Hunter v. Pool Pals Manufacturing, Inc. (In Re Benson)United States Bankruptcy Court, N.D. Ohio · 1986
  5. Hartwig Poultry, Inc. v. CW Service (In re Hartwig Poultry, Inc.)United States Bankruptcy Court, N.D. Ohio · 1986

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

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