Legal Opinion
Ellis v. Dakota Bank & Trust (In Re Archie Campbell, Inc.)
District Court, D. North Dakota
Decided July 1, 1985No. Civ. A3-84-188PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
BENSON, Chief Judge.
Cheryl Ellis, Bankruptcy Trustee for the Estate of Archie Campbell, Inc., (debtor) brought an action to recover payments made by the debtor of $4,170.58 to Fargo Culvert Company and $37,691.22 to Dakota Bank and Trust Company. The complaint alleges these were preferential payments under 11 U.S.C. § 547(b) made by the debt- or prior to the start of the bankruptcy proceedings. The bankruptcy court, 45 B.R. 416, dismissed the trustee’s claims holding Plaintiff failed to establish the necessary elements of its claim under 11 U.S.C. § 547(b). Specifically,…
2Cases cited16 opinions
- Pirie v. Chicago Title & Trust Co.Supreme Court of the United States · 1901
- National Bank of Newport v. National Herkimer County Bank of Little FallsSupreme Court of the United States · 1912
- E. Penn Nicholson, Trustee for the Estate of Carolee's Combine, Inc. v. First Investment Company and Bill BeltzerCourt of Appeals for the First Circuit · 1983
- Donald Katz, Trustee in Bankruptcy of Oakland Foundry Company of Belleville, Illinois, Inc. v. The First National Bank of Glen HeadCourt of Appeals for the First Circuit · 1978
- Miller v. Wells Fargo Bank International Corp.District Court, S.D. New York · 1975
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3Cited by3 opinions
- Hall-Mark Electronics Corp. v. Sims (In Re Lee)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
- Syed Industries Corp. v. Cohen (In Re Syed Industries Corp.)United States Bankruptcy Court, E.D. New York · 1986
- Bowers v. Kuse Enterprises IncCourt of Appeals for the Fourth Circuit · 1998