Legal Opinion
In Re Jwj Contracting Co., Inc., Debtor, Endo Steel, Inc. v. Joseph J. Janas, Trustee
Court of Appeals for the Ninth Circuit
Decided June 14, 2004No. 03-15388PublishedCited by 9 opinions
1Opinion of the Court
DAVID R. THOMPSON, Senior Circuit Judge.
JWJ Contracting (“JWJ”) made a payment to its subcontractor Endo Steel, Inc. (“Endo”) within the 90 days preceding the filing of JWJ’s bankruptcy petition. In view of that payment, Joseph Janas, JWJ’s Chapter 7 Trustee (“Trustee”), initiated an action in the bankruptcy court to avoid the payment as a preference under Bankruptcy Code § 547(b).
The bankruptcy court rejected the Trustee’s preference claim and granted summary judgment in favor of Endo, holding that JWJ’s payment, which replaced a previously dishonored check, was a contemporaneous exchange…
2Cases cited11 opinions
- Barnhill v. JohnsonSupreme Court of the United States · 1992
- In Re E.R. Fegert, Inc., Debtor. Dan O'rourke, Trustee v. Seaboard Surety Company Coral Construction Company, Inc. Shotwell Paving CompanyCourt of Appeals for the Ninth Circuit · 1989
- In Re Nancy Shao Su in Re Louis C. Su, A/K/A Chienlu Su, Debtors. Dora Carrillo v. Louis C. SuCourt of Appeals for the Ninth Circuit · 2002
- In Re Bullion Reserve of North America, a California Corporation, Curtis B. Danning, Chapter 7 Trustee v. Theodore P. BozekCourt of Appeals for the Ninth Circuit · 1988
- In Re BarefootCourt of Appeals for the First Circuit · 1991
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lovett v. Homrich Inc. (In Re Philip Services Corp.)United States Bankruptcy Court, S.D. Texas · 2006
- Rainsdon v. Farson (In Re Farson)United States Bankruptcy Court, D. Idaho · 2008
- Dill v. Brewer Oil Co. (In re Indian Capitol Distributing Inc.)United States Bankruptcy Court, D. New Mexico · 2012
- Velde v. ReinhardtDistrict Court, D. Minnesota · 2007
- Renteria v. SkeltonDistrict Court, S.D. California · 2009
4 more not listed; retrieve them via the Exa API.