Legal Opinion

Chemical Separations Corp. v. Rohm & Haas Co. (In Re Chemical Separations Corp.)

United States Bankruptcy Court, E.D. Tennessee

Decided April 5, 1984No. Bankruptcy No. 3-82-01569, Adv. No. 3-83-0519PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

At issue is whether, for purposes of 11 U.S.C.A. § 547(b) (1979), the debtor was insolvent when it transferred to the defendant payments totaling $213,541.45 during the 90-day period prior to commencement of its chapter 11 reorganization.

Also in question is whether the wire transfer of $91,223, which was paid to defendant on a Monday after defendant shipped goods on the previous Friday, comes within the purview of either the contemporaneous exchange exception of 11 U.S.C.A. § 547(c)(1) (1979) or the subsequent advance rule of 11 U.S.C.A. § 547(c)(4)…

2Cases cited16 opinions

National City Bank of NY v. HotchkissSupreme Court of the United States · 1913
Dean v. DavisSupreme Court of the United States · 1917
In Re Fulghum Construction CorporationCourt of Appeals for the First Circuit · 1983
Matter of DuffyUnited States Bankruptcy Court, S.D. New York · 1980
The Inter-State National Bank of Kansas City v. Frank Luther, Trustee, Matter of Garden Grain & Seed Company, Inc., BankruptCourt of Appeals for the Tenth Circuit · 1955

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

3Cited by10 opinions

In re PrescottCourt of Appeals for the Seventh Circuit · 1986
In Re Mama D'angelo, Inc., Debtor. Duane H. Gillman, Trustee v. Scientific Research Products Inc. Of DelawareCourt of Appeals for the Tenth Circuit · 1995
Bankr. L. Rep. P 71,497 in the Matter of John B. Prescott and Janet L. Prescott, Debtors. Appeals of Marine Bank Dane County, Gateway Foods, Inc. & Jerry J. Armstrong, TrusteeCourt of Appeals for the Seventh Circuit · 1986
Coated Sales, Inc. v. First Eastern Bank, N.A. (In Re Coated Sales, Inc.)United States Bankruptcy Court, S.D. New York · 1992
Adelphia Recovery Trust v. FPL Group, Inc. (In re Adelphia Communications Corp.)United States Bankruptcy Court, S.D. New York · 2014

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