In Re: Payless Cashways, Inc. Debtor. Silverman Consulting, Inc., Chapter 11 Tr. for Payless Cashways, Inc. v. Canfor Wood Prods. Mktg., Doing Bus. as Canadian Forest Prods. Ltd., Doing Bus. as Canfor U.S.A. Corp., Doing Bus. as Canfor Panel & Fibre Mktg. Ltd., 394 F.3d 1082 (8th Cir. 2005). · Go Syfert
In Re: Payless Cashways, Inc. Debtor. Silverman Consulting, Inc., Chapter 11 Tr. for Payless Cashways, Inc. v. Canfor Wood Prods. Mktg., Doing Bus. as Canadian Forest Prods. Ltd., Doing Bus. as Canfor U.S.A. Corp., Doing Bus. as Canfor Panel & Fibre Mktg. Ltd., 394 F.3d 1082 (8th Cir. 2005). Cases Citing This Book View Copy Cite
16 citation events (16 in the last 25 years) across 8 distinct courts.
Strongest positive: Richard S. Lauter v. Wells Fargo Bank (bap8, 2020-03-19)
Top citers, strongest first. 10 distinct citers. How cited ↗
cited Cited as authority (rule) Richard S. Lauter v. Wells Fargo Bank
8th Cir. BAP · 2020 · confidence medium
Marketing (In re Payless Cashways, Inc.), 394 F.3d 1082, 1083 (8th Cir. 2005) (citation omitted).
cited Cited as authority (rule) Rick D. Lange v. Mutual of Omaha Bank
8th Cir. · 2012 · confidence medium
In re Payless Cashways, Inc., 394 F.3d 1082, 1083 (8th Cir.2005) (per curiam).
cited Cited as authority (rule) Seaver v. Mortgage Electronic Registration Systems, Inc. (In Re Schwartz)
8th Cir. BAP · 2008 · confidence medium
(In re Payless Cashways, Inc.), 394 F.3d 1082, 1083 (8th Cir.2005).
discussed Cited as authority (rule) Randall L. Seaver v. Mortgage Electronic Reg. Sys.
8th Cir. BAP · 2008 · confidence medium
(In re Payless Cashways, Inc.), 394 F.3d 1082, 1083 (8th Cir. 2005). 3 DISCUSSION Recording a Mortgage is a Transfer Subject to Avoidance as Preferential under Section 547 of the Bankruptcy Code A trustee may avoid a pre-petition transfer of an interest of the debtor in property to or for the benefit of a creditor, for or on account of an antecedent debt, made within ninety days before the filing of the bankruptcy petition while the debtor was insolvent which enables the creditor to receive more than such creditor would receive under a hypothetical Chapter 7 liquidation. 11 U.S.C. § 547 (b).
cited Cited "see" Katz, Chapter 7 Trustee v. Merchants Automotive Group, Inc.
Bankr. D. Conn. · 2023 · signal: see · confidence high
See, contra, In re Payless Cashways, Inc., 306 B.R. 243, 248 (B.A.P. 8th Cir. 2004), aff’d, 394 F.3d 1082 (8th Cir. 2005).
cited Cited "see" Hechinger Investment Co. of Delaware, Inc. v. Universal Forest Products, Inc.
3rd Cir. · 2007 · signal: see · confidence high
See In re Payless Cashways, Inc., 306 B.R. 243 (8th Cir.BAP 2004), aff'd, 394 F.3d 1082 (8th Cir.2005).
cited Cited "see" In Re Hechinger Inv
3rd Cir. · 2007 · signal: see · confidence high
See In re Payless Cashways, Inc., 306 B.R. 243 (8th Cir. BAP 2004), aff’d, 394 F.3d 1082 (8th Cir. 2005).
discussed Cited "see, e.g." Scott P. Peltz v. Edward C. Vancil Inc
8th Cir. BAP · 2005 · signal: see also · confidence low
See also Silverman Consulting, Inc. v. Canfor Wood Products Marketing (In re Payless Cashways), 306 B.R. 243, 249 (B.A.P. 8th Cir. 2004), affirmed, 394 F.3d 1082 (8th Cir. 2004). 6 538 U.S. 314 , 123 St.
discussed Cited "see, e.g." Peltz v. Edward C. Vancil, Inc. (In Re Bridge Information Systems, Inc.)
8th Cir. BAP · 2005 · signal: see also · confidence low
See also Silverman Consulting, Inc. v. Canfor Wood Products Marketing (In re Payless Cashways), 306 B.R. 243, 249 (8th Cir. BAP 2004), affirmed, 394 F.3d 1082 (8th Cir.2005). 6 . 538 U.S. 314 , 123 S.Ct. 1462 , 155 L.Ed.2d 454 (2003). 7 .
Retrieving the full opinion text from the archive…
In Re: Payless Cashways, Inc. Debtor. Silverman Consulting, Inc., Chapter 11 Trustee for Payless Cashways, Inc.
v.
Canfor Wood Products Marketing, Doing Business as Canadian Forest Products Ltd., Doing Business as Canfor U.S.A. Corp., Doing Business as Canfor Panel & Fibre Marketing Ltd.
04-1777.
Court of Appeals for the Eighth Circuit.
Jan 18, 2005.
394 F.3d 1082
Cited by 4 opinions  |  Published

394 F.3d 1082

In re: PAYLESS CASHWAYS, INC. Debtor.
Silverman Consulting, Inc., Chapter 11 Trustee for Payless Cashways, Inc., Appellant,
v.
Canfor Wood Products Marketing, doing business as Canadian Forest Products Ltd., doing business as Canfor U.S.A. Corp., doing business as Canfor Panel & Fibre Marketing Ltd., Appellee.

No. 04-1777.

United States Court of Appeals, Eighth Circuit.

Submitted: December 13, 2004.

Filed: January 18, 2005.

Benjamin F. Mann, argued, Kansas City, MO (Michael D. Fielding, on the brief) for appellant.

Lindsay L. Wood, argued, Kansas City, MO, for appellee.

Before MELLOY, BRIGHT, and BENTON, Circuit Judges.

PER CURIAM.

[*~1082]1

In this bankruptcy action, plaintiff-appellant Silverman Consulting, Inc. (Silverman), the Chapter 11 trustee for debtor Payless Cashways, Inc. (Payless), sought to recover, as preferential, four payments Payless made to defendant-appellee Canfor Corp. and Canfor Wood Products Marketing Ltd. (collectively Canfor). Canfor asserted the defense of contemporaneous exchange for new value under 11 U.S.C. § 547(c)(1). The bankruptcy court[1] ruled that Silverman cannot recover the transfers made to Canfor, because Canfor met its burden of proof to establish that the transfers were for new value in a contemporaneous exchange transaction and thus were not avoidable. In re Payless Cashways, Inc., Case No. 01-42643 (Bankr.W.D.Mo. Aug. 13, 2003). The Bankruptcy Appellate Panel (BAP)[2] affirmed the bankruptcy court's decision. In re Payless Cashways, Inc., 306 B.R. 243 (8th Cir.BAP(Mo.)2004).

2

Silverman appeals contending that the parties intended the transfers to be credit transactions. Silverman also contends no contemporaneous exchange occurred and that new value was not given upon delivery of the lumber orders.

3

The bankruptcy court and the BAP analyzed the transactions in question between debtor Payless and Canfor and both courts agreed that Silverman cannot avoid the transfers.

[*~1083]4

We review the bankruptcy court's findings of fact for clear error and review de novo the legal conclusions of the bankruptcy court and the BAP. Blackwell v. Lurie (In re Popkin & Stern), 223 F.3d 764, 765 (8th Cir.2000). After carefully reviewing this case, we see no clearly erroneous findings and conclude the BAP thoroughly analyzed the issues and properly applied the law. The BAP has written a comprehensive, well-reasoned opinion covering all issues presented on this appeal, with which we agree. Our elaboration on that opinion would serve no purpose. Accordingly, we affirm on the basis of the BAP's published opinion.

Notes:

1

The Honorable Arthur B. Federman, Chief Judge, United States Bankruptcy Court for the Western District of Missouri

2

The Bankruptcy Appellate Panel consisted of the Honorable Barry S. Schermer, United States Bankruptcy Appellate Panel, Eighth Circuit; the Honorable Nancy C. Dreher, United States Bankruptcy Appellate Panel, Eighth Circuit; and the Honorable Timothy J. Mahoney, United States Bankruptcy Appellate Panel, Eighth Circuit. The Honorable Nancy C. Dreher wrote the opinion for the panel