Legal Opinion

XTRA Inc. v. Seawinds Ltd. (In Re Seawinds Ltd.)

District Court, N.D. California

Decided August 22, 1988No. 3-84-02038 JR, C-88-0430 RFP and C-88-0980 RFP, Adv. No. 3-85-0779 LKPublishedCited by 12 opinions

1Opinion of the Court

ORDER GRANTING CROSS-APPELLANT’S MOTION FOR SUMMARY JUDGMENT

PECKHAM, Chief Judge.

I.INTRODUCTION

This is a consolidated appeal from an order of summary judgment entered by the bankruptcy court declaring certain pre-petition payments received by appellant XTRA, Inc. (“XTRA”) to be voidable preferences. Cross-appellant Chapter 11 debtor Sea-winds Limited (“Seawinds”) made seven disputed payments to XTRA during the preference period. The bankruptcy court found that five of the disputed transfers at issue were voidable preferences, and two were not.

Appellant XTRA appeals the bankruptcy court’s…

2Cases cited10 opinions

  1. In Re Craig Oil Company, Debtor. Marathon Oil Company v. William M. Flatau, TrusteeCourt of Appeals for the Eleventh Circuit · 1986
  2. Heiniger v. City of PhoenixCourt of Appeals for the Ninth Circuit · 1980
  3. Antonio O'neill, as Trustee for Caceres & Johnson P.R., Inc. v. Nestle Libbys P.R., Inc.Court of Appeals for the First Circuit · 1984
  4. American Federation of State, County & Municipal Employees, Local 2051 v. Stephens (In Re Stephens)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1985
  5. 16 Collier bankr.cas.2d 1394, Bankr. L. Rep. P 71,821 in the Matter of Bishop, Baldwin, Rewald, Dillingham & Wong, Inc., a Hawaii Corporation, Debtor. Reynaldo D. Graulty, Trustee, of Bishop, Baldwin, Rewald, Dillingham & Wong, Inc., and Not Individually v. Cynthia Michelle BrooksCourt of Appeals for the Ninth Circuit · 1987

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3Cited by12 opinions

  1. Richardson v. Philadelphia Housing Authority (In Re Richardson)United States Bankruptcy Court, E.D. Pennsylvania · 1988
  2. Hassett v. Goetzmann (In Re CIS Corp.)United States Bankruptcy Court, S.D. New York · 1996
  3. J.P. Fyfe, Inc. of Florida v. Bradco Supply Corp.District Court, D. New Jersey · 1988
  4. In the Matter of Seawinds Limited, Debtor. Xtra, Inc. v. Seawinds Limited, a CorporationCourt of Appeals for the Ninth Circuit · 1989
  5. Tolz v. Signal Capital Corp. (In Re Mastercraft Graphics, Inc.)United States Bankruptcy Court, S.D. Florida. · 1993

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