Legal Opinion

Davis v. Kice Indus., Inc. (In re WB Servs., LLC)

United States Bankruptcy Court, D. Kansas

Decided June 25, 2018No. CASE NO. 16–10759; ADV. NO. 17–5074PublishedCited by 2 opinions

1Opinion of the Court

Dale L. Somers, United States Chief Bankruptcy Judge

Defendant Kice Industries, Inc. (Kice), moves for summary judgment on the Chapter 7 Trustee's preference claim under 11 U.S.C. § 547.1 Kice was a subcontractor *552of Debtor WB Services, LLC (Debtor), which was the prime contractor for the construction of a project on property owned by East Kansas Agri-Energy, LLC (EKAE or Owner). Within 90 days before Debtor filed for relief under Chapter 7, EKAE paid Kice on a past due account by a check payable jointly to Debtor and Kice. The Trustee seeks to recover the payment as a preferential transfer.…

2Cases cited29 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
  3. 1 Collier bankr.cas.2d 42, Bankr. L. Rep. P 67,033 Ralph I. Selby, Trustee in Bankruptcy for the Frimberger Corporation v. Ford Motor CompanyCourt of Appeals for the Sixth Circuit · 1979
  4. In Re Chase & Sanborn CorporationCourt of Appeals for the Eleventh Circuit · 1987
  5. Bailey v. Big Sky Motors, Ltd.Court of Appeals for the Tenth Circuit · 2002

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3Cited by2 opinions

  1. Davis v. Best Supply Co. (In re WB Servs., LLC)United States Bankruptcy Court, D. Kansas · 2018
  2. Garvin v. West Coast WinSupply, Inc.United States Bankruptcy Court, N.D. Florida · 2025

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