Legal Opinion

Janas v. Marco Crane & Rigging Co. (In Re JWJ Contracting Co.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided December 10, 2002No. BAP No. AZ-02-1079-RyPBl, No. AZ-02-1133-RyPBl, Bankruptcy No. 94-06045-PHX-RTB, Adversary No. 96-00497PublishedCited by 6 opinions

1Opinion of the Court

OPINION

RYAN, Bankruptcy Judge.

After JWJ Contracting Company, Inc. (“Debtor”) filed a chapter 11 2 bankruptcy petition, the case was converted to chapter 7, and Joseph J. Janas was appointed trustee (“Trustee”). Trustee filed a preference action (the “Preference Action”) against numerous defendants, including Marco Crane & Rigging Company (“Marco”) and Endo Steel, Inc. (“Endo”) (collectively, the “Subcontractors”).

The Subcontractors then moved for summary judgment asserting that they provided new value under § 547(c)(1). Trustee responded with cross motions for summary judgment arguing that…

2Cases cited25 opinions

  1. Pearlman v. Reliance InsuranceSupreme Court of the United States · 1962
  2. 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
  3. Morrison-Knudsen Co. v. ArcherCourt of Appeals for the Ninth Circuit · 1981
  4. In Re GEORGE RODMAN, INC., Debtor. Thomas J. KENAN, Trustee, Appellee, v. FORT WORTH PIPE COMPANY, AppellantCourt of Appeals for the Tenth Circuit · 1986
  5. Roderick v. Levy (In Re Roderick Timber Co.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995

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3Cited by6 opinions

  1. Lovett v. Homrich Inc. (In Re Philip Services Corp.)United States Bankruptcy Court, S.D. Texas · 2006
  2. In Re Jwj Contracting Co., Inc., Debtor, Endo Steel, Inc. v. Joseph J. Janas, TrusteeCourt of Appeals for the Ninth Circuit · 2004
  3. Gose v. McGranahan (In Re Gose)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
  4. In Re PruittUnited States Bankruptcy Court, S.D. California · 2005
  5. Lynn v. Metwest Mortgage Services, Inc.Court of Appeals for the Ninth Circuit · 2006

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