Legal Opinion
Schubert v. Lucent Technologies Inc. (In Re Winstar Communications, Inc.)
Court of Appeals for the Third Circuit
Decided February 3, 2009No. 07-2569PublishedCited by 128 opinions
1Opinion of the Court
OPINION OF THE COURT
SLOVITER, Circuit Judge.
This appeal, arising out of the self-described “strategic partnership” between Winstar Communications, Inc. (the bankrupt corporation) and Lucent Technologies Inc. (one of Winstar’s primary creditors and suppliers), presents us with an issue of first impression — when a creditor can be considered a non-statutory insider for purposes of extending the time for recovery of preferential payments. Ordinarily, a trustee may recover transfers made by the debtor within ninety days of the bankruptcy, but the Bankruptcy Code authorizes a trustee to recover…
2Cases cited37 opinions
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
- Langenkamp v. CulpSupreme Court of the United States · 1991
- In the Matter of Mobile Steel Company, Debtor. Elaine E. Benjamin v. Lester Y. Diamond, as Trustee in Bankruptcy for Mobile Steel, Inc.Court of Appeals for the Fifth Circuit · 1977
- Nassau Trust Co. v. Montrose Concrete Products Corp.New York Court of Appeals · 1982
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3Cited by128 opinions
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- Friedman's Liquidating Trust v. Roth Staffing Companies LP (In Re Friedman's Inc.)Court of Appeals for the Third Circuit · 2013
- Burtch v. Seaport Capital, LLC (In re Direct Response Media, Inc.)United States Bankruptcy Court, D. Delaware · 2012
- In Re Tribune Co.United States Bankruptcy Court, D. Delaware · 2011
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