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Legal Opinion

Armstrong v. John Deere Co. (In Re Gilbertson)

United States Bankruptcy Court, D. North Dakota

Decided July 25, 1988No. 19-30057PublishedCited by 17 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

WILLIAM A. HILL, Bankruptcy Judge.

By complaint filed November 23, 1987, the Chapter 7 trustee for the Debtor, Estate of Bryan J. Gilbertson (Debtor), seeks to avoid a cash transfer of $12,450.00 to defendant, John Deere Company (John Deere), alleging the same to constitute a preferential payment under section 547(b) of the Bankruptcy Code. John Deere denies that under the facts a preference occurred and additionally takes the position that the transfer occurred in the ordinary course of business and is thereby excepted under section 547(c)(2). The parties filed a joint…

2Cases cited20 opinions

  1. In Re Craig Oil Company, Debtor. Marathon Oil Company v. William M. Flatau, TrusteeCourt of Appeals for the Eleventh Circuit · 1986
  2. In Re Magic Circle Energy Corp.United States Bankruptcy Court, W.D. Oklahoma · 1986
  3. Belfance v. Bancohio/National Bank (In Re McCormick)United States Bankruptcy Court, N.D. Ohio · 1980
  4. Murray Drabkin, Trustee v. A.I. Credit Corporation, (Two Cases)Court of Appeals for the D.C. Circuit · 1986
  5. George H. Clay, Trustee and Securities Investor Protection Corp. v. Traders Bank of Kansas CityCourt of Appeals for the Eighth Circuit · 1983

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3Cited by17 opinions

  1. In Re Roblin Industries, Inc., Debtor. William E. Lawson, Trustee, in Bankruptcy of Roblin Industries, Inc. v. Ford Motor CompanyCourt of Appeals for the Second Circuit · 1996
  2. 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
  3. Steege v. Affiliated Bank/North Shore National (In Re Alper-Richman Furs, Ltd.)United States Bankruptcy Court, N.D. Illinois · 1992
  4. Scharffenberger v. United Creditors Alliance Corp. (In Re Allegheny Health, Education & Research Foundation)United States Bankruptcy Court, W.D. Pennsylvania · 2003
  5. Jones v. Society Bank & Trust (In Re Riggs)United States Bankruptcy Court, S.D. Ohio · 1991

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