Legal Opinion
Paul F. Kapela v. Samuel Newman
Court of Appeals for the First Circuit
Decided May 22, 1981No. 80-1737PublishedCited by 29 opinions
1Opinion of the Court
BREYER, Circuit Judge.
A Bank makes a large loan to a corporation. A corporate shareholder guarantees repayment of this Basic Loan. At the same time the guarantor himself owes money to the corporation — a debt in which the Bank has a secured interest as partial collateral for its Basic Loan. The corporation goes bankrupt. The guarantor just before bankruptcy pays a sum of money to the Bank— money which he claims at one and the same time reduces his debt to the corporation and also reduces his obligation as guarantor of the Basic Loan. If so, has he received a voidable “preference” under…
2Cases cited15 opinions
- Benedict v. RatnerSupreme Court of the United States · 1925
- National Bank of Newport v. National Herkimer County Bank of Little FallsSupreme Court of the United States · 1912
- Sawyer v. TurpinSupreme Court of the United States · 1875
- R. Anthony Dubay v. Everette H. Williams, Everette H. Williams v. Rose City Development Co., Inc., Robert J. Davis v. Everette H. WilliamsCourt of Appeals for the Ninth Circuit · 1969
- Grubb v. General Contract Purchase CorporationCourt of Appeals for the Second Circuit · 1938
10 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Mellon Bank, N.A. v. Metro Communications, Inc.Court of Appeals for the Third Circuit · 1991
- Bankr. L. Rep. P 71,434 Coral Petroleum, Inc. v. Banque Paribas-LondonCourt of Appeals for the Fifth Circuit · 1986
- In the Matter of Winshall Settlor's Trust, Julie Winshall, Trustee, Debtor-AppellantCourt of Appeals for the Sixth Circuit · 1985
- In the Matter of XONICS IMAGING INC., Debtor. Appeal of CALIFORNIA SUNNYVALE ASSOCIATESCourt of Appeals for the Seventh Circuit · 1988
- Manchester v. First Bank & Trust Co. (In Re Moses)Bankruptcy Appellate Panel of the Tenth Circuit · 2000
24 more not listed; retrieve them via the Exa API.