Legal Opinion

Miller Avenue Professional & Promotional Services, Inc. v. Brady (In Re Enterprise Acquisition Partners, Inc.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided December 28, 2004No. BAP No. NC-04-1023-PMAS, Bankruptcy No. 02-42192, Adversary No. 03-04078PublishedCited by 29 opinions

1Opinion of the Court

OPINION

PERRIS, Bankruptcy Judge.

This is an appeal of a judgment avoiding as preferential the transfer of a security interest in debtor Enterprise Acquisition Partners, Inc.’s (debtor) property. Under bankruptcy law, the reach-back period for avoiding transfers of the debtor’s property differs depending on whether or not the transferee is an insider. See 11 U.S.C. § 547(b). 1 Bankruptcy law recognizes two types of insiders: those specifically identified in § 101(31), commonly referred to as “per se” insiders, and those not so identified but who have a sufficiently close relationship with the…

2Cases cited14 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  3. BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994
  4. Dole Food Co. v. PatricksonSupreme Court of the United States · 2003
  5. Sonora Diamond Corp. v. Superior CourtCalifornia Court of Appeal · 2000

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

3Cited by29 opinions

  1. Anstine v. Carl Zeiss Meditec AG (In Re U.S. Medical, Inc.)Court of Appeals for the Tenth Circuit · 2008
  2. Rupp v. United Security Bank (In Re Kunz)Court of Appeals for the Tenth Circuit · 2007
  3. Capmark Financial Group Inc. v. Goldman Sachs Credit Partners L.P.United States Bankruptcy Court, S.D. New York · 2013
  4. Tese-Milner v. Edidin & Associates (In re Operations NY LLC)United States Bankruptcy Court, S.D. New York · 2013
  5. In Re Total Containment, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 2005

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

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