· 9/17/1986
In Re Tenna Corporation, Debtor. Charles J. Neuger, Trustee v. United States
Citations
- 801 F.2d 819
- 15 Collier Bankr. Cas. 2d 1250
- 58 A.F.T.R.2d (RIA) 5804
- 1986 U.S. App. LEXIS 30800
- 15 Bankr. Ct. Dec. (CRR) 331
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that the estate’s administrative expenses incurred during bankruptcy can be calculated with some degree of certainty for the hypothetical Chapter 7 liquidation analysis
- recognizing that bankruptcy administrative expenses should be considered for the hypothetical Chapter 7 liquidation
- finding that it would be “inconceivable and illogical” if courts allowed the estate’s trustee to control whether a transfer was preferential by looking to when payments were made post-petition
- a hypothetical liquidation of the debtor’s estate must be conducted to determine whether a given payment permitted a creditor to receive more than it would have in a Chapter 7 liquidation
Source: CourtListener parenthetical corpus (CC0).
Judges: Jones, Contie, Peck
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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