Legal Opinion
Johnson v. Barnhill
Court of Appeals for the Tenth Circuit
Decided April 30, 1991No. 90-2065PublishedCited by 1 opinion
1Opinion of the Court
McKAY, Circuit Judge.
The parties agree to waive oral argument. See Fed.R.App.P. 34(f); 10th Cir.R. 34.1.2. The case is therefore ordered submitted on the briefs.
This case requires us to decide whether, for purposes of establishing a voidable preference under the Bankruptcy Code, 11 U.S.C. § 547(b), the transfer of a check occurs when the check is delivered to the payee or when it is honored by the drawee bank. Because we hold that, for purposes of section 547(b), a payment made by check is deemed to have occurred when the check is honored by the drawee bank, we reverse the district court.
The…
2Cases cited31 opinions
- McKenzie v. Irving Trust Co.Supreme Court of the United States · 1945
- Rick Morgan v. City of Rawlins and Abe DeherreraCourt of Appeals for the Tenth Circuit · 1986
- Bartmann v. Maverick Tube Corp.Court of Appeals for the Tenth Circuit · 1988
- Klein v. TabatchnickCourt of Appeals for the Second Circuit · 1979
- In Re New York City Shoes, Inc., Debtor. New York City Shoes, Inc. v. Bentley International, Inc.Court of Appeals for the Third Circuit · 1989
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3Cited by1 opinion
- In Re AntweilCourt of Appeals for the Tenth Circuit · 1991