Legal Opinion

Brandt v. Repco Printers & Lithographics, Inc. (In Re Healthco International, Inc.)

Court of Appeals for the First Circuit

Decided December 22, 1997No. 97-9005PublishedCited by 130 opinions

1Opinion of the Court

SELYA, Circuit Judge.

Repco Printers & Lithographies, Inc. (Repeo) asserts a right to retain a payment made to it by Healthco International, Inc. (Healthco) shortly before Healthco commenced insolvency proceedings. The bankruptcy court agreed with Repeo but the Bankruptcy Appellate Panel of the First Circuit (BAP) did not. Repco appeals. After ironing out a procedural wrinkle, we uphold the BAP’s core determination that the disputed payment was not a transfer “in the ordinary course of business” within the meaning of 11 U.S.C. § 547(c)(2)(1994). Nevertheless, because the BAP misgauged the…

2Cases cited18 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. Bankr. L. Rep. P 71,787 in Re John E. Tully, Debtor. Henry J. Boroff, Trustee in Bankruptcy of John E. Tully v. John E. TullyCourt of Appeals for the First Circuit · 1987
  3. Wilma Cumpiano A/K/A Wilma Cumpiano Sanchez v. Banco Santander Puerto RicoCourt of Appeals for the First Circuit · 1990
  4. Palmacci v. UmpierrezCourt of Appeals for the First Circuit · 1997
  5. Paul J. Grella, Trustee v. Salem Five Cent Savings BankCourt of Appeals for the First Circuit · 1994

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3Cited by130 opinions

  1. McCrory v. Spigel (In Re Spigel)Court of Appeals for the First Circuit · 2001
  2. In Re: Daniel Fordu, Debtor. Harold A. Corzin v. Julie A. ForduCourt of Appeals for the Sixth Circuit · 1999
  3. Fleet Mortgage Group, Inc. v. KanebCourt of Appeals for the First Circuit · 1999
  4. Jamo v. Katahdin Federal Credit UnionCourt of Appeals for the First Circuit · 2002
  5. In Re Kaypro, Debtor. Arrow Electronics, Inc. v. Howard Justus, Trustee, in Re Kaypro, Debtor. Arrow Electronics, Inc., Successor-In-Interest to Schweber Electronics, Inc. v. Howard Justus, TrusteeCourt of Appeals for the Ninth Circuit · 2000

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