Legal Opinion

In Re Arrow Air, Inc., Debtor. The Official Unsecured Creditors' Committee v. Airport Aviation Services, Inc., a Puerto Rico Corp.

Court of Appeals for the Eleventh Circuit

Decided September 4, 1991No. 90-5718PublishedCited by 22 opinions

1Opinion of the Court

EDMONDSON, Circuit Judge:

Arrow Air (Arrow), a chapter 11 debtor, made nine payments to appellee Airport Aviation Services (AAS) in the last ninety days before Arrow filed for bankruptcy protection. Appellant, the debtor’s unsecured creditors’ committee, sought to recover these payments as preferential transfers. Concluding that the payments were contemporaneous exchanges for specific new value, and thus fit within an exception to the rule allowing recovery of preferential transfers, the bankruptcy court ruled in favor of AAS, 112 B.R. 41; and the district court affirmed. But, as we see it,…

2Cases cited5 opinions

  1. In Re Chase & Sanborn Corporation, Debtor. Paul C. Nordberg, Creditor Trustee v. Arab Banking CorporationCourt of Appeals for the Eleventh Circuit · 1990
  2. In Re Jet Florida Systems, Inc., F/k/a Air Florida Systems, Inc., Debtor. Jet Florida, Inc. v. American Airlines, Inc.Court of Appeals for the Eleventh Circuit · 1988
  3. In Re LEWELLYN & CO., INC., and Gary Vance Lewellyn, Debtors. Paul R. TYLER, Trustee, Appellant, v. SWISS AMERICAN SECURITIES, INC., AppelleeCourt of Appeals for the Eighth Circuit · 1991
  4. In Re Kumar Bavishi & Associates. (Two Cases) Frederick L. Reigle, Esq., Trustee for Kumar Bavishi & Associates v. S.S. Mahajan, Frederick L. Reigle, Esq., Trustee for Kumar Bavishi & Associates v. R.K. Mahajan, Patel Manjula, S.S. MahajanCourt of Appeals for the Third Circuit · 1990
  5. Official Unsecured Creditors' Committee ex rel. Arrow Air Inc. v. Airport Aviation Services Corp. (In re Arrow Air, Inc.)United States Bankruptcy Court, S.D. Florida. · 1989

3Cited by22 opinions

  1. Sulmeyer v. Suzuki (In re Grand Chevrolet, Inc.)Court of Appeals for the Ninth Circuit · 1994
  2. Kipperman v. Onex Corp.District Court, N.D. Georgia · 2009
  3. Official Committee of Unsecured Creditors of Radnor Holdings Corp. v. Tennenbaum Capital Partners, LLC (In Re Radnor Holdings Corp.)United States Bankruptcy Court, D. Delaware · 2006
  4. Silverman Consulting, Inc. v. Canfor Wood Products Marketing (In Re Payless Cashways, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2004
  5. Official Committee of Unsecured Creditors of R.M.L., Inc. v. Sabrina (In re R.M.L., Inc.)United States Bankruptcy Court, M.D. Pennsylvania · 1996

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