Legal Opinion
Wallach v. Vulcan Steam Forging Co. (In re D.J. Management Group, Inc.)
District Court, D. New York
Decided March 9, 1994No. Bankruptcy No. 90-11724 K; Adv. No. 93-1069 KPublishedCited by 2 opinions
1Opinion of the Court
DECISION AFTER TRIAL
MICHAEL J. KAPLAN, Chief Judge.
1. Background
This is a core proceeding under 28 U.S.C. § 157(b)(2)(F) wherein a Chapter 7 Trustee seeks to recover preferential payments to a trade supplier under 11 U.S.C. § 547. The Debtor filed a petition under Chapter 11 of the Bankruptcy Code on June 8, 1990, and converted to Chapter 7 on June 25, 1992. During the 90 days preceding the filing of the Chapter 11 Petition, the Debtor had paid to the defendant checks totalling $6,586.63 in satisfaction of earlier invoices, and that is the amount which the Trustee initially sought to recover.…
2Cases cited14 opinions
- Union Bank v. WolasSupreme Court of the United States · 1991
- In the Matter of Tolona Pizza Products Corporation, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1993
- Barash v. Public Finance Corp.Court of Appeals for the Seventh Circuit · 1981
- In Re Fred Hawes Organization, Inc., Debtor. William B. Logan, Trustee v. Basic Distribution CorporationCourt of Appeals for the Sixth Circuit · 1992
- In Re Fulghum Construction Corp., Debtor. Robert H. Waldschmidt, Trustee v. Harry H. Ranier, Algin Nolan, and Ranier & AssociatesCourt of Appeals for the Sixth Circuit · 1989
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3Cited by2 opinions
- In Re Roblin Industries, Inc., Debtor. William E. Lawson, Trustee, in Bankruptcy of Roblin Industries, Inc. v. Ford Motor CompanyCourt of Appeals for the Second Circuit · 1996
- McCord v. Venus Foods, Inc. (In Re Lan Yik Foods Corp.)United States Bankruptcy Court, E.D. New York · 1995