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· 7/7/2005

Baker Hughes Oilfield Operations, Inc. v. Cage (In Re Ramba, Inc.)

Citations

  • 416 F.3d 394
  • 2005 U.S. App. LEXIS 13469
  • 44 Bankr. Ct. Dec. (CRR) 266

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that the relevant debt for a payment made to stave off an involuntary bankruptcy petition was created by the receipt of goods, not the later settlement agreement
  • noting that bankruptcy filing creates an estate and an “accompanying transfer of the property of the debtor . . . to the estate”
  • “Inferences drawn from a statute’s legislative history, however, cannot justify an interpretation that departs from the plain language of the statute itself.”
  • “[a] debt is ‘antecedent’ for purposes of § 547(b) if it was incurred before the alleged preferential transfer.”
  • “[t]he obvious weakness of this evidence, however, is that it reflects a balance achieved seventeen months prior to Ramba's transfer.”
  • “[T]he relevant question for purposes of § 547(b)(3) is whether the debtor was insolvent as of ‘the date of the payment at issue.’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Jolly, Smith, Demoss

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.