Legal Opinion

Algernon L. Butler, Jr., Trustee for Ed Tatum Motors, Incorporated v. David Shaw, Incorporated

Court of Appeals for the Fourth Circuit

Decided January 3, 1996No. 94-2636PublishedCited by 56 opinions

1Opinion of the Court

Affirmed by published opinion. Judge WILLIAMS wrote the opinion, in which Judge WILKINSON and Judge LUTTIG joined.

OPINION

WILLIAMS, Circuit Judge:

Appellant Algernon L. Butler, Jr., the trustee in bankruptcy for Ed Tatum Motors, Incorporated (the debtor), appeals an order of the district court affirming a decision of the bankruptcy court. The bankruptcy court held that Butler was not entitled to avoid two transfers made by the debtor to Appellee David Shaw, Incorporated (Shaw, Inc.) within one year of the debtor’s petition in bankruptcy because Shaw, Inc. was not an insider of the debtor at the…

2Cases cited6 opinions

  1. Barnhill v. JohnsonSupreme Court of the United States · 1992
  2. In the Matter of Joseph D. Smith, Doing Business as J.D. Management Services and G.L. Properties, Debtor. Appeal of David R. Boyer, TrusteeCourt of Appeals for the Seventh Circuit · 1992
  3. Pirrone v. Toboroff (In Re Vaniman International, Inc.)United States Bankruptcy Court, E.D. New York · 1982
  4. Hunter v. Babcock (In Re Babcock Dairy Co. of Ohio)United States Bankruptcy Court, N.D. Ohio · 1986
  5. Chase Manhattan Bank, N.A. v. Dent (In re Trans Air, Inc.)United States Bankruptcy Court, S.D. Florida. · 1987

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3Cited by56 opinions

  1. Schubert v. Lucent Technologies Inc. (In Re Winstar Communications, Inc.)Court of Appeals for the Third Circuit · 2009
  2. Official Committee of Unsecured Creditors of Toy King Distributors, Inc. v. Liberty Savings Bank, FSB (In Re Toy King Distributors, Inc.)United States Bankruptcy Court, M.D. Florida · 2000
  3. Stanziale v. Pepper Hamilton LLP (In Re Student Finance Corp.)United States Bankruptcy Court, D. Delaware · 2005
  4. In Re Lorraine B. Runski, Debtor. Cypher Chiropractic Center, Creditor-Appellant v. Lorraine B. Runski, Debtor-AppelleeCourt of Appeals for the Fourth Circuit · 1996
  5. Think3 Litigation Trust v. Zuccarello (In re Think3, Inc.)United States Bankruptcy Court, W.D. Texas · 2015

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