Legal Opinion
Remes v. Yeomans (In Re Quality Plastics, Inc.)
United States Bankruptcy Court, W.D. Michigan
Decided June 21, 1984No. 18-05064PublishedCited by 27 opinions
1Opinion of the Court
OPINION
LAURENCE E. HOWARD, Bankruptcy Judge.
“NEW VALUE” EXCEPTION TO PREFERENCE ACTION
Richard Remes, the trustee herein, commenced this adversary proceeding to avoid alleged preferential transfers under 11 U.S.C. § 547(b) made to Gary A. Yeomans. Mr. Yeomans seeks summary judgment on the defense embodied in 11 U.S.C. § 547(c)(4) that he gave “new value” to or for the benefit of the debtor after the alleged preferential transfers were made to him.
The facts are not in dispute. Gary Yeo-mans is the President and principal shareholder of the debtor, Quality Plastics, Inc. Within one year of the…
2Cases cited11 opinions
- Bohn Aluminum & Brass Corporation v. Storm King CorporationCourt of Appeals for the Sixth Circuit · 1962
- Matter of DuffyUnited States Bankruptcy Court, S.D. New York · 1980
- In Re Iowa Premium Service Co., Inc., Debtor. Iowa Premium Service Co., Inc. v. First National Bank in St. Louis, St. Louis, MissouriCourt of Appeals for the First Circuit · 1982
- Belfance v. Bancohio/National Bank (In Re McCormick)United States Bankruptcy Court, N.D. Ohio · 1980
- Carmack v. Zell (In Re Mindy's, Inc.)United States Bankruptcy Court, S.D. Ohio · 1982
6 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- In Re White River CorporationCourt of Appeals for the Tenth Circuit · 1986
- Murray Drabkin, Trustee v. A.I. Credit Corporation, (Two Cases)Court of Appeals for the D.C. Circuit · 1986
- Amarex, Inc. v. Marathon Oil Co. (In Re Amarex, Inc.)United States Bankruptcy Court, W.D. Oklahoma · 1987
- Wolinsky v. Central Vermont Teachers Credit Union (In Re Ford)United States Bankruptcy Court, D. Vermont · 1989
- Begier v. Krain Outdoor Advertising, Inc. (In Re American International Airways, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1986
22 more not listed; retrieve them via the Exa API.