· 5/12/1989
Louis W. Levit, Trustee of V.N. Deprizio Construction Co. v. Ingersoll Rand Financial Corporation
Citations
- 874 F.2d 1186
- 22 Collier Bankr. Cas. 2d 36
- 11 Employee Benefits Cas. (BNA) 1323
- 1989 U.S. App. LEXIS 6965
- 19 Bankr. Ct. Dec. (CRR) 574
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that a single payment is one “transfer,” regardless of the number of persons who gain by that transfer
- holding that corporate insiders were not “creditors” subject to a preference claim when the corporation paid the Internal Revenue Service for delinquent wage withholding taxes, despite the benefit that they received by being relieved of personal liability for the taxes
- arguing that by providing in Sec. 550 for recovery from either the transferee or the beneficiary, Congress effected such a \wholesale change[ ]\ in the law that pre-Code practice is unhelpful in interpreting Secs. 547 and 550
- tax payments and pension plan payments not recoverable where no insider was liable with debtor on antecedent debt
- “It must [] be recognized that the exercise of [] equitable principles ... ‘cannot contravene specific provisions of the Bankruptcy Code.’ ”
- lenders will force bankruptcies at the slightest hint of trouble in order to prevent erosion of their positions
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Flaum, Easterbrook
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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