Legal Opinion

Butler Aviation International, Inc. v. Whyte (In Re Fairchild Aircraft Corp.)

Court of Appeals for the Fifth Circuit

Decided November 17, 1993No. 93-8320PublishedCited by 37 opinions

1Opinion of the Court

WIENER, Circuit Judge:

This case involves the attempted recovery of funds paid over time by the debtor, Fair-child Aircraft Corporation (“Fairchild”), to Defendant-Appellant Butler Aviation International (“Butler”) for fuel that Butler had provided to a customer of Fairchild, Air Kentucky Airlines (“Air Kentucky”). Plaintiff-Appellant Bettina M. Whyte was appointed Fiscal Agent to pursue avoidance actions on behalf of the unsecured creditors of Fair-child. In that capacity, she instituted this avoidance proceeding, arguing that Fairchild did not receive “reasonably equivalent value” under 11…

2Cases cited24 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. J. W. Durrett, Sr. v. The Washington National Insurance Co.Court of Appeals for the Fifth Circuit · 1980
  3. Mellon Bank, N.A. v. Metro Communications, Inc.Court of Appeals for the Third Circuit · 1991
  4. Whittaker Corporation Whittaker Controls, Inc. v. Execuair Corporation Execuair Sales Corporation David ManhanCourt of Appeals for the Ninth Circuit · 1992
  5. In the Matter of Fabricators, Inc., Debtor. Fabricators, Inc., Cross-Appellant v. Technical Fabricators, Inc., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1991

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3Cited by37 opinions

  1. HBE Leasing Corp. v. FrankCourt of Appeals for the Second Circuit · 1995
  2. Save Power Limited v. Syntek Finance CorpCourt of Appeals for the Fifth Circuit · 1997
  3. Hinsley v. Boudloche (In Re Hinsley)Court of Appeals for the Fifth Circuit · 2000
  4. Decker v. Tramiel (In Re JTS Corp.)Court of Appeals for the Ninth Circuit · 2010
  5. Ralph S. Janvey, in His Capacity as Court-Appointed Receiver for the Stanford International Bank, Limited Official Stanford Investors Committee v. the Golf Channel, Incorporated Tgc, L.L.C., Doing Business as Golf ChannelTexas Supreme Court · 2016

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