Vogel Van & Storage, Inc., In re
| Decision Date | 27 April 1998 |
| Docket Number | Nos. 97-5055,97-5057,s. 97-5055 |
| Citation | 142 F.3d 571 |
| Court | U.S. Court of Appeals — Second Circuit |
| Parties | In re: VOGEL VAN & STORAGE, INC., Debtor. William M. McCARTHY, Esq., as Trustee for the Estate of Vogel Van & Storage, Inc. Plaintiff-Appellant-Cross-Appellee, v. NAVISTAR FINANCIAL CORPORATION, formerly known as International Harvester Credit Corp., and Navistar, Inc., formerly known as International Harvester Company, Defendants-Appellees- Cross-Appellants. |
Richard L. Weisz, Hodson, Russ, Andrews, Woods & Goodyear, Albany, NY, for Appellants.
Murray S. Brower, Catone & Brower, Albany, NY, for Appellee.
Before: WINTER, Chief Judge, PARKER, Circuit Judge, and SCHWARZER, District Judge. *
William M. McCarthy, trustee for the estate of Vogel Van & Storage, Inc. ("Vogel Van"), appeals from a judgment of the United States District Court for the Northern District of New York, affirming the bankruptcy court's conclusion that a payment by Vogel Van to appellees was made in the ordinary course of business for purposes of 11 U.S.C. § 547(c)(2) and was therefore not avoidable as a preferential transfer pursuant to Section 547(b). We affirm for substantially the reasons stated in Judge Scullin's opinion. In re Vogel Van & Storage, Inc., 210 B.R. 27, 34-37 (N.D.N.Y.1997).
Because we agree with Judge Scullin that Vogel Van's payment was made in the ordinary course of business, we do not reach appellees' assertion on cross-appeal that Key Bank, a creditor of Vogel Van, was not entitled under 11 U.S.C. § 547(b) to pursue, on behalf of the bankruptcy estate, the appeal from the bankruptcy court's judgment.
We therefore affirm.
* The Honorable William W. Schwarzer, of the United States District Court for the Northern District of California, sitting by designation.
To continue reading
Request your trial
-
In Re Bruno Machinery Corporation
...particular parties.” See McCarthy v. Navistar Fin. Corp. (In re Vogel Van & Storage, Inc.), 210 B.R. 27, 34 (N.D.N.Y.1997), aff'd, 142 F.3d 571 (2d Cir.1998) (internal quotation marks and citations omitted). The Bankruptcy Code does not define the phrases “ordinary course of business” and “......
-
In re Schick, Bankruptcy No. 96 B 42902(SMB)
...between the parties. McCarthy v. Navistar Fin. Corp. (In re Vogel Van & Storage, Inc.), 210 B.R. 27, 34 (N.D.N.Y.1997), aff'd 142 F.3d 571 (2d Cir. 1998). "The cornerstone of this element of a preference defense is that the creditor needs demonstrate some consistency with other business tra......
-
In re Armstrong
...the parties. Cf. McCarthy v. Navistar Financial Corp. (In re Vogel Van & Storage, Inc.), 210 B.R. 27, 34 (N.D.N.Y.1997), aff'd, 142 F.3d 571 (2d Cir.1998). There were no transactions between Harrah's and Armstrong prior to the October gambling trip.5 Although there is authority that the lac......
-
In re Carrozzella & Richardson
...30, 41 (2d Cir. 1996); McCarthy v. Navistar Fin. Corp. (In re Vogel Van & Storage, Inc.), 210 B.R. 27, 34 (N.D.N.Y.1997), aff'd, 142 F.3d 571 (2d Cir.1998); Hassett v. Goetzmann (In re CIS Corp.), 195 B.R. 251, 257 (Bankr.S.D.N.Y.1996); Sapir v. Green Forest Lumber Ltd. (In re Ajayem Lumber......
-
Appendix I ORDINARY COURSE CIRCUIT COMPARISON
...Motor Co. (In re Roblin Industries Inc.), 78 F.3d 30 (2d Cir. 1996); In re Vogel Van & Storage Inc., 210 B.R. 27 (N.D.N.Y. 1997), aff'd, 142 F.3d 571 (2d Cir. 1998). THIRD (Delaware, New Jersey, Maryland, Pennsylvania) Timing, amount and manner in which payment was made are relevant under §......
-
Chapter 3 THE "ORDINARY COURSE OF BUSINESS" DEFENSE UNDER § 547(c)(2)
...by the ordinary-course-of-business exception. Second Circuit 1. McCarthy v. Navistar Financial Corp. (In re Vogel Van & Storage Inc.), 142 F.3d 571 (2d Cir. 1998) (per curiam). The Second Circuit affirmed the lower court's holding that the debtor's payment was made in the ordinary course of......