Legal Opinion
McWilliams v. Gordon (In Re Camp Rockhill, Inc.)
United States Bankruptcy Court, E.D. Pennsylvania
Decided July 17, 1981No. 19-10721PublishedCited by 29 opinions
1Opinion of the Court
OPINION
WILLIAM A. KING, Jr., Bankruptcy Judge.
The issue presently before the court is whether a transfer, made during the period that begins one (1) year before the filing of the bankruptcy petition and ending ninety (90) days before filing, can be voided by the trustee pursuant to section 547 of the Bankruptcy Code (the “Code”). We conclude that the failure of the trustee to establish the existence of an insider relationship at the time of the transfer on account of the antecedent debt, precludes the voidability of the transfer as a preference under section 547(b)(4)(B) of the Code.
The facts…
2Cases cited30 opinions
- Grant v. National BankSupreme Court of the United States · 1878
- The Inter-State National Bank of Kansas City v. Frank Luther, Trustee, Matter of Garden Grain & Seed Company, Inc., BankruptCourt of Appeals for the Tenth Circuit · 1955
- Constructora Maza, Inc. v. Banco De PonceCourt of Appeals for the First Circuit · 1980
- In the Matter of Hygrade Envelope Corp., Bankrupt. Samuel S. Baranow, Trustee in Bankruptcy of Hygrade Envelope Corp. v. Gibraltar Factors Corp.Court of Appeals for the Second Circuit · 1966
- The Farmers Bank of Clinton, Missouri v. Vance Julian, Trustee in Bankruptcy of Roby C. Woody, D/B/A Woody Motorcompany, BankruptCourt of Appeals for the Eighth Circuit · 1967
25 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Official Committee of Unsecured Creditors of Toy King Distributors, Inc. v. Liberty Savings Bank, FSB (In Re Toy King Distributors, Inc.)United States Bankruptcy Court, M.D. Florida · 2000
- Thompson v. Ivan (In Re Food & Fibre Protection, Ltd.)United States Bankruptcy Court, D. Arizona · 1994
- Tidwell v. Amsouth Bank, N.A. (In Re Cavalier Homes of Georgia)United States Bankruptcy Court, M.D. Georgia · 1989
- Eggleston v. Third National Bank (In Re Eggleston)United States Bankruptcy Court, M.D. Tennessee · 1982
- Fryman v. Sim Textile Co. (In Re Art Shirt Ltd.)United States Bankruptcy Court, E.D. Pennsylvania · 1987
24 more not listed; retrieve them via the Exa API.