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Appendix C Listing of Noteworthy Cases
Jurisdiction | United States |
Appendix C Listing of Noteworthy Cases
(1) Marathon Oil Co. v. Flatau (In re Craig Oil Co.), 785 F.2d 1563 (11th Cir. 1986).
(2) Energy Cooperative Inc., v. SOCAP Int'l Ltd. (In re Energy Cooperative Inc.), 832 F.2d 997 (7th Cir. 1987).
(3) Lovett v. St. Johnsbury Trucking, 931 F.2d 494 (8th Cir. 1991).
(4) Logan v. Basic Distribution Corp. (In re Fred Hawes Org. Inc.), 957 F.2d 239 (6th Cir. 1991).
(5) Barnhill v. Johnson, 503 U.S. 393 (1992).
(6) Boyd v. Water Doctor (In re Check Reporting Services Inc.), 140 B.R. 425 (Bankr. W.D. Mich. 1992).
(7) Finley v. Mr. T's Apparel Inc. (In re Washington Mfg. Co.), 144 B.R. 376 (Bankr. M.D. Tenn. 1992).
(8) In re Tolona Pizza Prods. Corp., 3 F.3d 1029 (7th Cir. 1993).
(9) Jones v. United Savings and Loan Assoc. (In re U.S.A. Inns of Eureka Springs, Arkansas Inc.), 9 F.3d 680 (8th Cir. 1993).
(10) Scroggins v. BP Exploration & Oil. Inc. (In re Brown Transport Truckload Inc.), 161 B.R. 735 (Bankr. N.D. Ga. 1993).
(11) Fiber Lite Corp. v. Molded Acoustical Prods. Inc. (In re Molded Acoustical Prods. Inc.), 18 F.3d 217 (3d Cir. 1994).
(12) Huffman v. New Jersey Steel Corp. (In re Valley Steel Corp.), 182 B.R. 728 (Bankr. W.D. Va. 1995).
(13) Lawson v. FordMotor Co. (In re Roblin Industries Inc.), 78 F.3d 30 (2d Cir. 1996).
(14) Frank v. Volvo Penta of the Am. (In re Thompson Boat Co.), 199 B.R. 908 (Bankr. E.D. Mich. 1996).
(15) Luper v. Columbia Gas of Ohio Inc. (In re Carled Inc.), 91 F.3d 811 (6th Cir. 1996).
(16) Sacred Heart Hosp. v. E.B. O'Reilly Servicing Corp. (In re Sacred Heart Hosp.), 200 B.R. 114 (Bankr. E.D. Pa. 1996).
(17) Hall-Mark Elecs. Corp. v. Sims (In re Lee), 108 F.3d 239 (9th Cir. 1997).
(18) Brandt v. Repco Printers & Lithographics (In re Healthco Int'l), 132 F.3d 104 (1st Cir. 1997).
(19) Central Hardware Co. v. Sherwin-Williams Co. (In re Spirit Holding Co.), 153 F.3d 902 (8th Cir. 1998).
(20) Kronisch v. United States, 150 F.3d 112 (2d Cir. 1998).
(21) Unsecured Creditors' Comm. v. CBA Indus. (In re Color Tile Inc.), 239 B.R. 872 (Bankr. D. Del. 1999).
(22) Devan v. Zamoiski SE Inc. (In re Merry-Go-Round Enters. Inc.), 272 B.R. 140 (Bankr. D. Md. 2000).
(23) H.L. Hansen Lumber Co. of Galesburg Inc. v. G & H Custom Craft Inc. (In re Hansen Lumber Co.), 270 B.R. 273 (Bankr. C.D. Ill. 2001).
(24) Silvestri v. General Motors Co., 271 F.3d 583 (4th Cir. 2001).
(25) Williams v. Morgan Stanley Capital Group (In re Olympic Natural Gas Co.), 294 F.3d 737 (5th Cir. 2002).
(26) Gulf City Seafoods Inc., v. Ludwig Shrimp Co. (In re Gulf City Seafoods Inc.), 296 F.3d 363 (5th Cir. 2002).
(27) Troisio v. E.B. Eddy Forest Prods. Ltd. (In re Global Tissue L.L.C.), 302 B.R. 808 (Bankr. D. Del. 2003).
(28) Fulcrum Direct Inc. v. Associated Footwear Inc. (In re Fulcrum Direct...
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- Understanding Ordinary: Ordinary Course Defenses to Bankruptcy Preference Actions
- Front Matter
- About the Author
- About the Legal Note Authors
- Acknowledgments
- Table of Contents
- Chapter 1 Introduction to Preference Analyses and the Ordinary Course of Business Defense
- Chapter 2 Background: The Bankruptcy Code and the Ordinary Course of Business Defense
- Chapter 3 The Role of Accounting Systems in the Ordinary Course
- Chapter 4 The Data-Gathering Process and Assessing "Reasonably Certain"
- Chapter 5 Ordinary in the Industry (The "Objective Test")
- Chapter 6 Ordinary Between the Parties (The "Subjective Test")
- Chapter 7 Subsequent New Value Defense & Contemporaneous Exchange for New Value Defense
- Chapter 8 Conclusion
- Appendix A Summary of Industry Resources
- Appendix B Common Metrics and Terms in the Analysis of Preferential Transfers
- Appendix C Listing of Noteworthy Cases
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