· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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