Legal Opinion

Marilyn Garner v. Knoll, Incorporated

Court of Appeals for the Fifth Circuit

Decided January 28, 2016No. 15-10274PublishedCited by 13 opinions

1Opinion of the Court

WIENER, Circuit Judge:

This adversary action was brought by Appellant Marilyn D. Garner (the “Trustee”) against Appellee Knoll, Incorporated (“Knoll”). Specifically, the Trustee seeks to avoid transfers from Tusa Office Solutions, Incorporated (“Tusa Office”), the debtor, to Knoll, its creditor, as preferences under § 547 of the Bankruptcy Code.

Facts & Proceedings

I. Facts 1

For many years, Tusa Office was the largest retail dealer in new furniture manufactured by Knoll. Tusa Office and Knoll’s relationship was embodied in several contractual arrangements, only one of which is relevant here.…

2Cases cited15 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. In the Matter of Missionary Baptist Foundation of America, Inc., Debtors. Robert B. Wilson, Trustee v. Robert G. HuffmanCourt of Appeals for the Fifth Circuit · 1983
  3. Century Indemnity Co. v. National Gypsum Co. Settlement Trust (In Re National Gypsum Co.)Court of Appeals for the Fifth Circuit · 2000
  4. 16 Collier bankr.cas.2d 1330, Bankr. L. Rep. P 71,867 in Re Alexander Joseph Olivier and Ethelyn Alleman Olivier, Debtors. John C. Thibodeaux v. Alexander Joseph Olivier and Ethelyn Alleman OlivierCourt of Appeals for the Fifth Circuit · 1987
  5. Templeton v. O'Cheskey (In Re American Housing Foundation)Court of Appeals for the Fifth Circuit · 2015

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

3Cited by13 opinions

  1. Texas v. KleinertCourt of Appeals for the Fifth Circuit · 2017
  2. Briar Capital Working Fund v. RemmertCourt of Appeals for the Fifth Circuit · 2024
  3. Cortland Savs. & Banking Co. v. Platinum Rapid Funding Group, Ltd.Ohio Court of Appeals · 2021
  4. Horne v. Humphreys (In re James F. Humphreys & Associates, L.C.)United States Bankruptcy Court, S.D. West Virginia · 2016
  5. Faulkner v. Ford Motor Credit Company, LLCUnited States Bankruptcy Court, N.D. Texas · 2022

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API