Legal Opinion

William D. Seidle, as Trustee for the Estate of Airlift International, Inc., Debtor v. Gatx Leasing Corporation

Court of Appeals for the Eleventh Circuit

Decided December 16, 1985No. 85-5019PublishedCited by 37 opinions

1Opinion of the Court

HATCHETT, Circuit Judge:

In this appeal, we address the tension that exists between 11 U.S.C.A. § 547 which allows a trustee in bankruptcy to recover preferential transfers and 11 U.S. C.A. § 1110 which provides for a stipulation leading to a debtor’s continued possession of an aircraft after defaults are cured. We resolve the issue, as did the district court, based on congressional intent and common sense.

Pursuant to a written agreement dated September 30, 1978, Airlift International, Inc. (Airlift) purchased from GATX Leasing Corporation (GATX) one McDonnell-Douglas DC8-63CF aircraft and…

2Cases cited3 opinions

  1. In Re Airlift International, Inc., Debtor, Gatx Leasing Corp. v. Airlift International, Inc.Court of Appeals for the Eleventh Circuit · 1985
  2. Seidle v. GATX Leasing Corp.District Court, S.D. Florida · 1984
  3. In Re Airlift International, Inc.United States Bankruptcy Court, S.D. Florida. · 1982

3Cited by37 opinions

  1. Federal Communications Commission v. Airadigm Communications, Inc.Court of Appeals for the Seventh Circuit · 2010
  2. In Re Ionosphere Clubs, Inc.Court of Appeals for the Second Circuit · 1996
  3. 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
  4. In Re: Kiwi International Air Lines, Inc. Simon Kimmelman, Trustee in Bankruptcy in No. 02-1037 v. The Port Authority of New York and New Jersey Simon Kimmelman, Trustee in Bankruptcy in No. 02-1038 v. Sabre Decision Technologies, Inc. Simon Kimmelman, Trustee in Bankruptcy in No. 02-1654 v. Cit Group/credit Finance, Inc. A/K/A the Cit Group, IncCourt of Appeals for the Third Circuit · 2003
  5. Schnelling v. Crawford (In Re James River Coal Co.)United States Bankruptcy Court, E.D. Virginia · 2007

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