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Legal Opinion

McCarthy v. Navistar Financial Corp. (In Re Vogel Van & Storage, Inc.)

District Court, N.D. New York

Decided June 23, 1997No. 5:94-cr-00138PublishedCited by 27 opinions

1Opinion of the Court

MEMORANDUM DECISION AND ORDER

SCULLIN, District Judge.

Presently before the Court are: (1) the appeal pursuant to 28 U.S.C. § 158 from an order of the United States Bankruptcy Court for the Northern District of New York (Ma-honey, J.) finding certain invoice payments not avoidable as preferential payments under 11 U.S.C. § 547(b), because they occurred in the “ordinary course of business,” pursuant to § 547(c)(2), and (2) appellee’s motion to dismiss the appeal on the ground that appellant lacks standing.

BACKGROUND

On May 30,1985, appellee Navistar Financial Corporation (“Navistar”), then known…

2Cases cited29 opinions

  1. In the Matter of Tolona Pizza Products Corporation, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1993
  2. 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
  3. In Re Craig Oil Company, Debtor. Marathon Oil Company v. William M. Flatau, TrusteeCourt of Appeals for the Eleventh Circuit · 1986
  4. In Re Stn EnterprisesCourt of Appeals for the Second Circuit · 1985
  5. In Re Fred Hawes Organization, Inc., Debtor. William B. Logan, Trustee v. Basic Distribution CorporationCourt of Appeals for the Sixth Circuit · 1992

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3Cited by27 opinions

  1. Cassirer v. Herskowitz (In Re Schick)United States Bankruptcy Court, S.D. New York · 1999
  2. In Re Parmetex, Inc.Court of Appeals for the Ninth Circuit · 1999
  3. In Re Carrozzella & RichardsonBankruptcy Appellate Panel of the Second Circuit · 2000
  4. The Official Committee Of Unsecured Creditors Of Cybergenics Corporation v. Kathleen ChineryCourt of Appeals for the Third Circuit · 2003
  5. SURF N SUN APTS., INC., RDMH v. DempseyDistrict Court, M.D. Florida · 1999

22 more not listed; retrieve them via the Exa API.

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