Legal Opinion

Grogan v. Chesebrough-Ponds, Inc. (In Re Advance Glove Manufacturing Co.)

United States Bankruptcy Court, E.D. Michigan

Decided December 9, 1982No. 19-41192PublishedCited by 45 opinions

1Opinion of the Court

OPINION

GEORGE BRODY, Bankruptcy Judge.

The question presented is whether the delivery of a check is equivalent to payment for the purpose of section 547(c)(2).

The facts have been stipulated and are as follows:

1. Chesebrough-Ponds, Inc. (defendant) sold to the Joseph Frenkel Division of Advance Glove Manufacturing Company (debtor) certain merchandise by invoice dated December 11, 1980.

2. The merchandise was delivered to the debtor on or about December 11, 1980.

3. The terms of sale provided that the debtor was to receive a 1% discount if the invoice was paid within 30 days.

On or about January…

2Cases cited22 opinions

  1. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  2. Richards v. United StatesSupreme Court of the United States · 1962
  3. Train v. Colorado Public Interest Research Group, Inc.Supreme Court of the United States · 1976
  4. United States v. Missouri Pacific RailroadSupreme Court of the United States · 1929
  5. Brotherhood of Railroad Trainmen v. Toledo, Peoria & Western RailroadSupreme Court of the United States · 1944

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

3Cited by45 opinions

  1. In Re ArnettCourt of Appeals for the Sixth Circuit · 1984
  2. Merrill v. Abbott (In Re Independent Clearing House Co.)United States Bankruptcy Court, D. Utah · 1984
  3. Bergquist v. Anderson-Greenwood Aviation Corp. (In Re Bellanca Aircraft Corp.)United States Bankruptcy Court, D. Minnesota · 1985
  4. Chaitman v. Paisano Automotive Liquids, Inc. (In Re Almarc Manufacturing, Inc.)United States Bankruptcy Court, N.D. Illinois · 1986
  5. Foreman Industries, Inc. v. Broadway Sand & Gravel (In Re Foreman Industries, Inc.)United States Bankruptcy Court, S.D. Ohio · 1986

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

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