Legal Opinion
Perry v. General Motors Acceptance Corp. (In Re Perry)
United States Bankruptcy Court, M.D. Tennessee
Decided April 22, 1985No. Bankruptcy No. 383-01920, Adv. No. 383-0590PublishedCited by 30 opinions
1Opinion of the Court
MEMORANDUM
KEITH M. LUNDIN, Bankruptcy Judge.
The defendant in this action to recover a preference invites reconsideration of the rule announced in this district in Eggleston v. Third National Bank, 19 B.R. 280, 9 BANKR.CT.DEC. (CRR) 44 (Bankr.M.D. Tenn.1982). Eggleston held that wages garnished from a debtor within 90 days of a bankruptcy petition may be preferential transfers though the garnishment lien was executed upon the debtor outside of the 90-day preference period. The defendant argues that Eggleston is incorrect for the reasons stated in two circuit decisions rendered since Eggleston.…
2Cases cited38 opinions
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- PruneYard Shopping Center v. RobinsSupreme Court of the United States · 1980
33 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Carlsen v. Internal Revenue Service (In Re Carlsen)United States Bankruptcy Court, C.D. California · 1986
- In Re WeatherspoonUnited States Bankruptcy Court, N.D. Illinois · 1989
- Malone v. Fidelity National Bank (In Re Dunn)United States Bankruptcy Court, M.D. Louisiana · 1985
- In Re BremerUnited States Bankruptcy Court, W.D. Missouri · 1989
- Schlossberg v. Finance America Corp. (In Re Krumpe)United States Bankruptcy Court, D. Maryland · 1986
25 more not listed; retrieve them via the Exa API.