Legal Opinion
In Re Bennett
United States Bankruptcy Court, N.D. Illinois
Decided January 4, 1984No. 14-40133PublishedCited by 16 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
FREDERICK J. HERTZ, Bankruptcy Judge.
I
This proceeding was commenced by the debtors to recover garnished bank account funds from a creditor. The issue which must be determined by this Court is whether the transfer of funds to the creditor constitutes a voidable preference under 11 U.S.C. § 547(b) (Supp. Y 1981) of the Bankruptcy Code.
II
The creditor, General Motor Acceptance Corporation (GMAC), caused a non-wage garnishment summons to be issued and served upon Heritage Standard Bank. The summons, which was served on July 15, 1983, had a return date of August 4, 1983.…
2Cases cited4 opinions
- Barash v. Public Finance Corp.Court of Appeals for the Seventh Circuit · 1981
- In Re SabermanUnited States Bankruptcy Court, N.D. Illinois · 1980
- Cox v. General Electric Credit Corp. (In Re Cox)United States Bankruptcy Court, D. Maryland · 1981
- Gertz v. Bancohio National Bank (In Re Conn)United States Bankruptcy Court, N.D. Ohio · 1981
3Cited by16 opinions
- DeRosa v. Buildex Inc. (In Re F & S Central Manufacturing Corp.)United States Bankruptcy Court, E.D. New York · 1985
- Bergquist v. Anderson-Greenwood Aviation Corp. (In Re Bellanca Aircraft Corp.)United States Bankruptcy Court, D. Minnesota · 1985
- Kildow v. EMC Mortgage Corp. (In Re Kildow)United States Bankruptcy Court, S.D. Ohio · 1999
- Enserv Co. v. Manpower, Inc./California Peninsula (In Re Enserv Co.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
- Demetralis v. Golden Guernsey, Inc. (In Re Demetralis)United States Bankruptcy Court, N.D. Illinois · 1986
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