23 Collier bankr.cas.2d 629, Bankr. L. Rep. P 73,414 in Re Meredith Manor, Inc. Myrrdydd Corp. Go Sign, Inc. Ronald W. Meredith & Faith F. Meredith, D/B/A Meredith Manor Sch. of Horsemanship, Debtors. William Crichton, v. Tr. v. Wheeling Nat'l Bank, a West Virginia Corp., & United States Dep't of Educ., 902 F.2d 257 (4th Cir. 1990). · Go Syfert
23 Collier bankr.cas.2d 629, Bankr. L. Rep. P 73,414 in Re Meredith Manor, Inc. Myrrdydd Corp. Go Sign, Inc. Ronald W. Meredith & Faith F. Meredith, D/B/A Meredith Manor Sch. of Horsemanship, Debtors. William Crichton, v. Tr. v. Wheeling Nat'l Bank, a West Virginia Corp., & United States Dep't of Educ., 902 F.2d 257 (4th Cir. 1990). Cases Citing This Book View Copy Cite
61 citation events (13 in the last 25 years) across 25 distinct courts.
Strongest positive: Gouveia v. Seneca Petroleum Co. (In Re Globe Building Materials, Inc.) (innb, 2005-11-22)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 23 distinct citers. How cited ↗
cited Cited as authority (rule) Gouveia v. Seneca Petroleum Co. (In Re Globe Building Materials, Inc.)
Bankr. N.D. Ind. · 2005 · confidence medium
Micro Innovations, 185 F.3d at 329; In re IRFM, Inc., 52 F.3d 228 (9th Cir.1995); Meredith Manor, 902 F.2d at 257; [In re] Roberds, 315 B.R. at 443 [(Bankr.S.D.Ohio 2004)]; In re Bridge Info.
discussed Cited as authority (rule) Strauss v. Janesville Products (In Re Acoustiseal, Inc.)
Bankr. W.D. Mo. · 2004 · confidence medium
See In re Micro Innovations Corp., 185 F.3d at 337 ; Mosier v. Ever-Fresh Food Co. (In re IRFM, Inc.), 52 F.3d 228, 232 (9th Cir.1995); Crichton v. Wheeling Nat’l Bank (In re Meredith Manor, Inc.), 902 F.2d 257, 259 (4th Cir.1990). 12 .
discussed Cited as authority (rule) Gonzales v. DPI Food Products Co. (In Re Furrs Supermarkets, Inc.)
Bankr. D.N.M. · 2003 · confidence medium
See also Williams v. Agama Systems, Inc. (In re Micro Innovations Corp.), 185 F.3d 329, 336-37 (5th Cir.1999); Crichton v. Wheeling Nat’l Bank (In re Meredith Manor, Inc.), 902 F.2d 257, 258 (4th Cir.1990).
cited Cited as authority (rule) Peltz v. Application Engineering Group, Inc. (In Re Bridge Information System, Inc.)
Bankr. E.D. Mo. · 2002 · confidence medium
Crichton v. Wheeling Nat’l Bank (In re Meredith Manor, Inc.), 902 F.2d 257, 259 (4th Cir.1990). *268 4.
cited Cited as authority (rule) Holmes Environmental, Inc. v. Suntrust Banks, Inc. (In Re Holmes Environmental, Inc.)
Bankr. E.D. Va. · 2002 · confidence medium
In re Meredith Manor, Inc., 902 F.2d at 259 (emphasis added).
discussed Cited as authority (rule) DeGiacomo v. Draper Knitting Co. (In Re Jannel Industries, Inc.) (2×) also: Cited "see, e.g."
Bankr. D. Mass. · 2000 · confidence medium
Third, the policy of permitting new value to be applied to any prior preferential transfer “better serv[es] the legislative goal of encouraging creditor assistance to financially troubled debtors.” In re Meredith Manor, Inc., 902 F.2d at 259.
discussed Cited as authority (rule) Fitzpatrick v. Rockwood Water, Wastewater & Natural Gas Systems (In Re Tennessee Valley Steel Corp.)
Bankr. E.D. Tenn. · 1996 · confidence medium
Schilling v. Jackson Oil Co. (In re Transport Assocs., Inc.), 171 B.R. 232, 238 (Bankr.W.D.Ky.1994) (citing Crichton v. Wheeling Nat’l Bank (In re Meredith Manor, Inc.), 902 F.2d 257, 259 (4th Cir.1990); The Successor Comm, of Creditors Holding Unsecured Claims v. Bergen Brunswig Drug Co. (In re Ladera Heights Community Hosp., Inc.), 152 B.R. 964, 967-69 (Bankr.C.D.Cal.1993); Mosier v. Ever-Fresh Foods Co. (In re IRFM, Inc.), 144 B.R. 886, 890-92 (Bankr.C.D.Cal.1992), aff'd, 52 F.3d 228 (9th Cir.1995); Jobin v. Lalan (In re M & L Business Mach.
discussed Cited as authority (rule) Krohn v. ADM Milling Co. (In re Dependable Food Products, Inc.) (2×)
Bankr. E.D.N.Y. · 1996 · confidence medium
Meredith Manor, 902 F.2d at 259.
cited Cited as authority (rule) Slone-Stiver v. Clemens Oil Co. (In re Tower Metal Alloy Co.)
Bankr. S.D. Ohio · 1996 · confidence medium
Crichton v. Wheeling Nat’l Bank (In re Meredith Manor, Inc.), 902 F.2d 257, 258-259 (4th Cir.1990).
cited Cited as authority (rule) Trinkoff v. Porters Supply Co. (In Re Daedalean, Inc.)
Bankr. D. Md. · 1996 · confidence medium
In re Meredith Manor, Inc., 902 F.2d at 259 (emphasis added).
cited Cited as authority (rule) Hovis v. Powers Construction Co. (In Re Hoffman Associates, Inc.)
Bankr. D.S.C. · 1995 · confidence medium
Crichton v. Wheeling Nat’l Bank (In re Meredith Manor, Inc.), 902 F.2d 257, 258-59 (4th Cir.1990).
examined Cited as authority (rule) Schilling v. Jackson Oil Co. (In Re Transport Associates, Inc.) (5×)
Bankr. W.D. Ky. · 1994 · confidence medium
Meredith Manor, 902 F.2d at 258-25; In re Ladera Heights Community Hosp., Inc., 152 B.R. 964, 967-69 (Bankr.C.D.Cal.1993).
examined Cited as authority (rule) Mosier v. Ever-Fresh Foods Co. (In Re IRFM, Inc.) (3×)
Bankr. C.D. Cal. · 1992 · confidence medium
See, In re Gold Coast Seed Co., 30 B.R. 551, 553 (9th Cir. BAP 1983); Manor, 902 F.2d at 259; Jet Florida, 841 F.2d at 1084; Prescott, 805 F.2d at 728 ; In re Fulghum Const. Corp., 706 F.2d 171 , 172 (6th Cir.1983); In re Baumgold Bros., Inc., 103 B.R. 436, 439 (Bankr.S.D.N.Y.1989); American International, 56 B.R. at 553 ; In re Paula Saker & Co., Inc, 53 B.R. 630, 634 (Bankr.S.D.N.Y.1985); Olympic Foundry, 51 B.R. at 430 ; Matter of Isis Foods, Inc., 39 B.R. 645, 649 (W.D.Missouri 1984); In re Keydata Corporation, 37 B.R. 324, 328 (Bankr.D.Mass.1983); Saco, 30 B.R. at 866 ; 4 Collier ¶ 547.1…
examined Cited "see" Williams v. Agama Systems, Inc. (4×)
5th Cir. · 1999 · signal: see · confidence high
See In re Meredith Manor, Inc., 902 F.2d 257 , 258-59 (4th Cir.1990) (string of advances under line of credit allowed to shield prior repayment preferences without discussing lack of any apparent link between the amounts); In re IRFM, Inc., 52 F.3d 228, 229, 233 (9th Cir.1995) (supplier entitled to retain all preferences even though payment for a particular shipment followed that shipment).
discussed Cited "see" Laker v. Vallette
5th Cir. · 1994 · signal: see · confidence high
See Crichton v. Wheeling Nat’l Bank (In re Meredith Manor, Inc.), 902 F.2d 257, 258-59 (4th Cir.1990); Boyd v. The Water Doctor (In re Check Reporting Servs., Inc.), 140 B.R. 425, 439 (Bankr.W.D.Mich.1992).
discussed Cited "see" Laker v. Vallette (In Re Toyota of Jefferson, Inc.)
5th Cir. · 1994 · signal: see · confidence high
See Crichton v. Wheeling Nat’l Bank (In re Meredith Manor, Inc.), 902 F.2d 257, 258-59 (4th Cir.1990); Boyd v. The Water Doctor (In re Check Reporting Servs., Inc.), 140 B.R. 425, 439 (Bankr.W.D.Mich;1992).
examined Cited "see" Successor Committee of Creditors Holding Unsecured Claims v. Bergen Brunswig Drug Co. (In Re Ladera Heights Community Hospital, Inc.) (3×) also: Cited "see, e.g."
Bankr. C.D. Cal. · 1993 · signal: see · confidence high
See In re Meredith Manor, Inc., 902 F.2d 257 , 259 (4th Cir. 1990); In re Jet Florida System, Inc., 841 F.2d 1082 (11th Cir.1988); In re Prescott, 805 F.2d 719, 728 (7th Cir.1986); In re Fulghum Const. Corp., 706 F.2d 171 (6th Cir.1983).
cited Cited "see" Miller & Rhoads, Inc. Secured Creditors' Trust v. Robert Abbey, Inc. (In Re Miller & Rhoads, Inc.)
Bankr. E.D. Va. · 1992 · signal: see · confidence high
See In re Meredith Manor, Inc., 902 F.2d 257 (4th Cir.1990).
cited Cited "see" White v. Bradford (In Re Tax Reduction Institute)
D.D.C. · 1992 · signal: see · confidence high
See In re Meredith Manor, Inc., 902 F.2d 257 (4th Cir.1990).
cited Cited "see" Miniscribe Corp. v. Keymarc, Inc. (In Re Miniscribe Corp.)
Bankr.D. Colo. · 1991 · signal: see · confidence high
See In re Meredith Manor, Inc., 902 F.2d 257 (4th Cir.1990).
cited Cited "see" Brown v. Heigel Lumber & Hardware (In Re Mid-South Cabinet & Millwork, Inc.)
Bankr. E.D. Ark. · 1990 · signal: see · confidence high
See Crichton v. Wheeling Nat’l Bank (In re Meredith Manor, Inc.), 902 F.2d 257, 258-59 (4th Cir.1990); Eisenberg v. O.
discussed Cited "see, e.g." Official Committee of Unsecured Creditors of Contempri Homes, Inc. Ex Rel. Ch. 11 Estate of Contempri Homes, Inc. v. Wholesale (In Re Contempri Homes, Inc.)
Bankr. M.D. Penn. · 2001 · signal: see also · confidence low
See, also Crichton v. Wheeling National Bank, 902 F.2d 257 , 259 (4th Cir.1990); In the Matter of Micro Innovations Corporation, 185 F.3d 329 (5th Cir.1999); In re R.M.L., Inc., 195 B.R. 602, 616 (Bankr.M.D.Pa.1996).
discussed Cited "see, e.g." Krafsur v. Scurlock Permian Corp. (In Re El Paso Refinery, L.P.)
Bankr. W.D. Tex. · 1995 · signal: see also · confidence low
Surplus new value, however, cannot be used to offset later preferential transfers.” In re Ladera Heights Community Hospital, Inc., 152 B.R. 964, 969-70 (Bankr.CD.Cal.1993) (Fenning, B.J.); accord Matter of Toyota of Jefferson, 14 F.3d at 1092 ; see also In re Meredith Manor, Inc., 902 F.2d 257 , 259 (4th Cir.1990); In re Jet Florida System, Inc., 841 F.2d 1082 (11th Cir.1988); In re Prescott, 805 F.2d 719, 728 (7th Cir.1986); In re Fulghum Const. Corp., 706 F.2d 171 (6th Cir.1983). 26 *451 The attached chart sets out the results of the court’s application of the subsequent advance rule to …
Retrieving the full opinion text from the archive…
23 Collier bankr.cas.2d 629, Bankr. L. Rep. P 73,414 in Re Meredith Manor, Inc. Myrrdydd Corporation Go Sign, Inc. Ronald W. Meredith and Faith F. Meredith, D/B/A Meredith Manor School of Horsemanship, Debtors. William Crichton,
v.
Trustee v. Wheeling National Bank, a West Virginia Corporation, and United States Department of Education
89-1503.
Court of Appeals for the Fourth Circuit.
May 21, 1990.
902 F.2d 257
Cited by 13 opinions  |  Published

902 F.2d 257

23 Collier Bankr.Cas.2d 629, Bankr. L. Rep. P 73,414
In Re MEREDITH MANOR, INC.; Myrrdydd Corporation; Go Sign,
Inc.; Ronald W. Meredith and Faith F. Meredith,
d/b/a Meredith Manor School of
Horsemanship, Debtors.
William CRICHTON, V., Trustee, Defendant-Appellant,
v.
WHEELING NATIONAL BANK, a West Virginia corporation, Appellee,
and
United States Department of Education, Defendant.

No. 89-1503.

United States Court of Appeals,
Fourth Circuit.

Argued Jan. 10, 1990.
Decided May 3, 1990.
As Amended May 21, 1990.

Robert L. Bays, Ruley & Everett, Parkersburg, W.Va., for defendant-appellant.

Jeffrey W. McCamic, McCamic & McCamic, Wheeling, W.Va., for appellee.

Before HALL, Circuit Judge, and HOFFMAN and MERHIGE, Senior District Judges for the Eastern District of Virginia, sitting by designation.

K.K. HALL, Circuit Judge:

[*~257]1

William Crichton, trustee in this bankruptcy case, appeals from the district court's order vacating the judgment of the bankruptcy court and remanding for application of a different method of calculating the amount of the debtors' loan repayments which may be recovered as preferences. 103 B.R. 118. We hold that the district court correctly applied 11 U.S.C. Sec. 547(c), and we affirm.

I.

2

The debtors obtained a $200,000 running line of credit from Wheeling National Bank (the Bank) in May, 1985. As security, they assigned to the Bank all accounts receivable and student contracts then held or thereafter acquired as part of the debtors' operation of a horsemanship school. The Bank called the line of credit in mid-November 1985, and this precipitated the filing of Chapter 7 petitions by the debtors on November 21, 1985.

3

The Bank then filed a complaint in the bankruptcy court requesting that the court establish the Bank's lien priority with regard to the accounts receivable and student contracts in which the Bank claimed a security interest. The Bank further requested that the trustee be directed to abandon such collateral to the appropriate parties and to lift the stay so as to permit collection. The trustee counterclaimed and requested that the court permit the recovery, as preferential payments, of all loan repayments made to the Bank during the ninety days preceding the filing of the bankruptcy petition.[1]

4

Cross-motions for summary judgment were made. The bankruptcy court granted the trustee's motion and ruled that he was entitled to recover $84,151.53 as preferential transfers from the Bank. On appeal by the Bank, the district court vacated the judgment and remanded with instructions to calculate the amount of avoidable preferences under a method which would yield a total of $31,705.28 as being recoverable by the trustee. The trustee appeals.

II.

5

The trustee contends that the district court erred in its interpretation of 11 U.S.C. Sec. 547(c)(4).[2] He urges us to adopt a rule which would net each preference against only those subsequent advances to the debtor made prior to the next preference. We decline the invitation and adopt the approach of the district court.

6

The Bank concedes that the payments to it by the debtors within the ninety days preceding the bankruptcy filing constitute preferences under 11 U.S.C. Sec. 547(b). Moreover, the dates and amounts of the various preferences to the Bank and of the advances to the debtors are not in dispute.[3]

7

This appeal focuses on the manner in which the Sec. 547(c)(4) restrictions on the trustee's avoidance powers should be calculated in the context of an open credit line in which creditor advances and debtor repayments, i.e., preferences, are made at various points during the preference period. A comparison between the different methods chosen by the bankruptcy court and the district court serves to illuminate the prevailing theories.

8

The bankruptcy court adopted the approach approved in Leathers v. Prime Leathers Finishes Co., 40 B.R. 248 (D.Maine 1984). Basically, under the Leathers approach, the creditor is protected only to the extent that it gives "new value" subsequent to each preference but before the next payment is received from the debtor. This approach essentially divides the 90-day preference period into a series of isolated transactions in which the "new value given" by the creditor is netted only against the immediately preceding preference.

9

Applying this approach to the facts of this case, the bankruptcy court ruled as follows:

10

(1) The initial $30,444.82 payment is fully recoverable by the trustee because it was not immediately followed by the giving of any "new value";

11

(2) The next preference payment, $75,000, exceeded the next four advances by $53,151.92; this excess is recoverable;

12

(3) Each of the next two payments, $9,000 and $6,000, was exceeded by the immediately following advancements; therefore, the full amount of the preferences is protected from the trustee's avoidance powers;

13

(4) The final payment by the debtor, $1,214.79, was followed by a smaller advance of $660.00. The trustee could therefore avoid the difference, $554.79. To summarize, the bankruptcy court found that $84,153.53 [30,444.82 + 53,151.92 + 554.79] was avoidable and thus recoverable by the trustee. The Bank was entitled to retain the remaining $37,508.08 [$121,659.61 - $84,153.53].

14

On appeal, the district court opted for the variation of the net result rule formulated in In re Thomas W. Garland, Inc., 19 B.R. 920 (Bankr.E.D.Mo.1982). This method looks at the 90-day preference period and calculates the difference between the total preferences and the total advances, provided that each advance is used to offset only prior (although not necessarily immediately prior) preferences. Unlike Leathers, Garland permits preferences to be carried forward until exhausted by subsequent advances. In other words, the creditor is allowed to apply the giving of "new value" against the immediately preceding preference as well as against all prior preferences.[4] Using the stipulated schedule of payments[5], the district court calculated that the preferences exceeded advancements by $31,705.28 [$121,659.61 - $89,954.33], and this amount was found to be recoverable by the trustee under Sec. 547(b).

15

After consideration of both methods, we think the district court was correct in its assessment that the Garland rule, in addition to better serving the legislative goal of encouraging creditor assistance to financially troubled debtors, also reflects a more realistic view of commercial practices. An open credit line is a fluid relationship which normally does not emphasize individual loan repayments. Instead, it is the debtors' entire financial picture and repayment history, not the latest payment, which are the bases for maintaining the line of credit. For the reasons more completely set forth in Garland, we affirm the district court.

[*~258]16

AFFIRMED.

1

By agreed orders, the debtors and the U.S. Department of Education were dismissed as defendants in the adversary proceeding before the bankruptcy court

2

Section 547(c)(4) of the Bankruptcy Code [11 U.S.C. Sec. 547(c)(4) ] provides:

(c) The trustee may not avoid under this section a transfer ...

(4) to or for the benefit of a creditor, to the extent that, after such transfer, such creditor gave new value to or for the benefit of the debtor--

(A) not secured by an otherwise unavoidable security interest; and

(B) on account of which new value the debtor did not make an otherwise unavoidable transfer to or for the benefit of such creditor; ....

3

Advances by the Bank and preferential payments by the debtors were made as follows:

 DATE ADVANCES TO DEBTORS PAYMENTS TO BANK
 9/11/85 $ 30,444.82
 9/12/85 $ 75,000.00
10/04/85 $10,000.00
10/06/85 10,348.08
10/11/85 1,500.00
10/18/85 6,000.00 9,000.00
10/21/85 11,000.00
10/25/85 2,000.00
10/28/85 6,000.00
10/29/85 4,600.00
10/30/85 4,699.00
11/05/85 18,461.80
11/07/85 11,664.05
11/09/85 1,965.00
11/13/85 1,404.89
11/14/85 5,651.51
11/15/85 1,214.79
11/18/85 660.00
 ---------- -----------
 $89,954.33 $121,659.61
4

The greatest impact that the different methods have in the instant case is in the way each treats the initial $30,444.82 preference. Under Leathers, the fact that no "new value" was given immediately after such transfer, i.e., prior to subsequent preferences, leads to a determination that this amount is fully avoidable. Under Garland, however, the $30,444.82 payment is carried forward and offset by all subsequent advances

5

See note 3, supra