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Legal Opinion

Via v. Colonial American National Bank (In Re Via)

United States Bankruptcy Court, W.D. Virginia

Decided September 25, 1989No. 19-50156PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION

H. CLYDE PEARSON, Chief Judge.

ISSUES

The issues before the court are:

I. Whether the debtor may recover payment to a creditor as an avoidable transfer of property pursuant to Bankruptcy Code § 522(h); and

II. If avoidable, whether the amount to be avoided is limited pursuant to Bankruptcy Code § 547(c)(7).

FACTS

The facts have been stipulated. On November 2, 1988, Colonial American National Bank (“defendant” or “bank”) obtained judgement against debtor for $728.31 with costs, interest and attorney’s fees. On November 29, 1988, bank obtained a garnishment summons to satisfy the…

2Cases cited8 opinions

  1. Johnson v. Ford Motor Credit Co. (In Re Johnson)United States Bankruptcy Court, N.D. Illinois · 1985
  2. Baum v. United Virginia Bank (In Re Baum)United States Bankruptcy Court, E.D. Virginia · 1981
  3. In Re BennettUnited States Bankruptcy Court, N.D. Illinois · 1984
  4. Washkowiak v. Glenwood Medical Group (In Re Washkowiak)United States Bankruptcy Court, N.D. Illinois · 1986
  5. Hoffman v. Central Pennsylvania National Bank (In Re Hoffman)United States Bankruptcy Court, W.D. Pennsylvania · 1988

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

3Cited by6 opinions

  1. Davis v. Suderov (In Re Davis)District Court, E.D. New York · 1994
  2. Western States Glass Corp. v. Barris (In Re Bay Area Glass, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  3. In re YarberUnited States Bankruptcy Court, D. Oregon · 2014
  4. In re HillUnited States Bankruptcy Court, W.D. Michigan · 2017
  5. In re SchmittUnited States Bankruptcy Court, E.D. Wisconsin · 2018

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

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