Legal Opinion
In the Matter of Emerald Oil Co., Debtor. William C. Sandoz, Trustee, Cross-Appellant v. Fred Wilson Drilling Company, Cross-Appellee
Court of Appeals for the Fifth Circuit
Decided January 17, 1983No. 81-3718PublishedCited by 105 opinions
1Opinion of the Court
TATE, Circuit Judge:
A bankruptcy trustee sues to avoid a transfer made to a creditor by the debtor when insolvent within ninety days of the debtor’s filing of a voluntary petition in bankruptcy. Section 547(b) of the Bankruptcy Code of 1978, 11 U.S.C. § 547(b) (1978). The creditor defends, relying upon section 547(c)(2) of the Code, 11 U.S.C. § 547(c)(2) (1978); this section excepts from avoidability, inter alia, the debtor’s payment of an “ordinary course of business” debt made not later than 45 days after the debt was “incurred”. The creditor contends that the debt was “incurred” no earlier…
2Cases cited9 opinions
- Barash v. Public Finance Corp.Court of Appeals for the Seventh Circuit · 1981
- Matter of DuffyUnited States Bankruptcy Court, S.D. New York · 1980
- In the Matter of Jonathan Kutner, Debtors. Daniel C. Stewart v. Jonathan KutnerCourt of Appeals for the Fifth Circuit · 1981
- Belfance v. Bancohio/National Bank (In Re McCormick)United States Bankruptcy Court, N.D. Ohio · 1980
- Itule v. Luhr Jensen & Sons, Inc. (In Re Sportsco, Inc.)United States Bankruptcy Court, D. Arizona · 1981
4 more not listed; retrieve them via the Exa API.
3Cited by105 opinions
- In Re Energy Cooperative, Inc., Debtor. Energy Cooperative, Inc., Jay A. Steinberg, Trustee v. Socap International, Ltd.Court of Appeals for the Seventh Circuit · 1987
- United States Trustee v. First Jersey Securities, Inc.Court of Appeals for the Third Circuit · 1999
- In the Matter of Taxman Clothing Co., Inc., Debtor. Appeal of Arthur Winer, Inc.Court of Appeals for the Seventh Circuit · 1990
- Ario v. Ingram Micro, Inc.Supreme Court of Pennsylvania · 2009
- Tidwell v. Atlanta Gas Light Co. (In Re Georgia Steel, Inc.)United States Bankruptcy Court, M.D. Georgia · 1984
100 more not listed; retrieve them via the Exa API.