Legal Opinion

Forman v. Moran Towing Corp. (In re AES Thames, LLC)

United States Bankruptcy Court, D. Delaware

Decided March 3, 2016No. Case No. 11-10334 (KJC); Adversary No. 13-50395 (KJC)PublishedCited by 4 opinions

1Opinion of the Court

*101MEMORANDUM1

KEVIN J. CAREY, UNITED STATES BANKRUPTCY JUDGE

Charles M. Forman, the chapter 7 trustee (the “Trustee”), filed an adversary complaint against Moran Towing Corporation (“Moran”) seeking to avoid and recover two transfers as preference payments pursuant to Bankruptcy Code § 547(b) and § 550. Moran does not dispute that the transfers meet the requirements of § 547(b), but argues that the transfers are not avoidable under Bankruptcy Code § 547(c)(2) because the debtor paid the transfers in the ordinary course of its business with Moran. The parties briefed the issues and filed a Joint…

2Cases cited11 opinions

  1. In Re Molded Acoustical Products, Inc., Debtor. Fiber Lite Corporation v. Molded Acoustical Products, Inc.Court of Appeals for the Third Circuit · 1994
  2. United States Trustee v. First Jersey Securities, Inc.Court of Appeals for the Third Circuit · 1999
  3. Huffman v. New Jersey Steel Corp. (In Re Valley Steel Corp.)United States Bankruptcy Court, W.D. Virginia · 1995
  4. Burtch v. Detroit Forming, Inc. (In Re Archway Cookies)United States Bankruptcy Court, D. Delaware · 2010
  5. Troisio v. E.B. Eddy Forest Products U.S. TrusteeCourt of Appeals for the Third Circuit · 2004

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3Cited by4 opinions

  1. Dots, LLC v. Milberg Factors, Inc. (In re Dots, LLC.)United States Bankruptcy Court, D. New Jersey · 2017
  2. FBI Wind Down, Inc.United States Bankruptcy Court, D. Delaware · 2020
  3. FBI Wind Down, Inc. Liquidating Trust, by and thro v. Careers USA, Inc.United States Bankruptcy Court, D. Delaware · 2020
  4. Schnittjer, Chapter 7 Trustee v. BuehlerUnited States Bankruptcy Court, N.D. Iowa · 2022

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