Legal Opinion

Bell v. Public Service Co. (In Re Tennecomp Systems, Inc.)

United States Bankruptcy Court, E.D. Tennessee

Decided June 25, 1981No. Bankruptcy No. 3-80-00164, Adv. No. 3-80-0316PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

At issue in this adversary proceeding is whether the trustee may recover from the defendant goods shipped by the debtor to the defendant one day before the debtor filed a petition in bankruptcy. The trustee contends that the goods were the debtor’s property at the time of shipment; therefore, the trustee is entitled to recover the goods under either 11 U.S.C. § 547(b) 1 or § 549(a). 2 The defendant generally alleges that the goods were not property of the debtor at the time of the transfer in that ownership had previously passed to the defendant.…

2Cases cited5 opinions

  1. First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
  2. S. J. Groves & Sons Company v. Ohio Turnpike CommissionCourt of Appeals for the Sixth Circuit · 1963
  3. Pearl Hart v. Ross L. Johnston, Administrator of the Estate of Melvin M. Hatley, DeceasedCourt of Appeals for the Sixth Circuit · 1968
  4. Quittner v. Los Angeles Steel Casting Co.Court of Appeals for the Ninth Circuit · 1953
  5. Fred J. Morr, James R. Clark, Jr., Donald H. Rolf, as Members of the Board of County Commissioners of Hamilton County, Ohio v. United StatesCourt of Appeals for the Sixth Circuit · 1957

3Cited by1 opinion

  1. Diesel Performance, Inc. v. G. Paoletti Co. (In Re G. Paoletti, Inc.)United States Bankruptcy Court, N.D. California · 1997

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