Legal Opinion

McGoldrick v. Juice Farms, Inc. (In Re Ludford Fruit Products, Inc.)

United States Bankruptcy Court, C.D. California

Decided April 13, 1989No. Bankruptcy No. LA 87-00994 VZ, Adv. No. LA 88-01534 VZPublishedCited by 25 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

VINCENT P. ZURZOLO, Bankruptcy Judge.

In this adversary proceeding, the trustee seeks avoidance and recovery of payments received by an undersecured creditor during the ninety days preceding the filing of the debtor’s bankruptcy petition. The following issues arise:(1) Does the earmarking doctrine apply?(2) Can preferential transfers be made to a partially secured creditor?(3) Does the defendant have a pre-petition or a post-petition security interest in the estates’ preference recoveries?.

I

STATEMENT OF FACTS

The parties are in agreement as to nearly all relevant facts as…

2Cases cited12 opinions

Palmer Clay Products Co. v. BrownSupreme Court of the United States · 1936
13 Collier bankr.cas.2d 1400, Bankr. L. Rep. P 70,902 in Re Lewis W. Shurtleff, Inc. And Frontier Properties, Inc., Debtors. Thomas D. Elliott, Trustee v. Frontier Properties/lp 102/meadow Glen Arms/79Court of Appeals for the Ninth Circuit · 1986
In Re Tenna Corporation, Debtor. Charles J. Neuger, Trustee v. United StatesCourt of Appeals for the Sixth Circuit · 1986
Belfance v. Bancohio/National Bank (In Re McCormick)United States Bankruptcy Court, N.D. Ohio · 1980
Murray Drabkin, Trustee v. A.I. Credit Corporation, (Two Cases)Court of Appeals for the D.C. Circuit · 1986

7 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

In Re Lco Enterprises, Debtor. Lincoln Alvarado Patrician Associates, Inc. Lpc Alvarado Phase II v. Edward M. Walsh, TrusteeCourt of Appeals for the Ninth Circuit · 1993
Manchester v. First Bank & Trust Co. (In Re Moses)Bankruptcy Appellate Panel of the Tenth Circuit · 2000
In Re Kemp Pacific Fisheries, Inc.Court of Appeals for the Ninth Circuit · 1994
Hall-Mark Electronics Corp. v. Sims (In Re Lee)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
Steinberg v. NCNB National Bank of North Carolina (In Re Grabill Corp.)United States Bankruptcy Court, N.D. Illinois · 1991

20 more not listed; retrieve them via the Exa API.