Quinn Wholesale, Inc. v. John A. Northen, Tr. in Bankr. for Gordon Foods, Inc., 873 F.2d 77 (4th Cir. 1989). · Go Syfert
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Quinn Wholesale, Inc. v. John A. Northen, Tr. in Bankr. for Gordon Foods, Inc., 873 F.2d 77 (4th Cir. 1989). Cases Citing This Book View Copy Cite
21 citation events (2 in the last 25 years) across 11 distinct courts.
Strongest positive: National Enterprises, Inc. Liquidating Trust v. Tee-Lok Corp. (In Re National Enterprises, Inc.) (vaeb, 1994-11-16)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) National Enterprises, Inc. Liquidating Trust v. Tee-Lok Corp. (In Re National Enterprises, Inc.)
Bankr. E.D. Va. · 1994 · confidence medium
See Durham v. Smith Metal and Iron Co. (In re Continental Commodities, Inc.), 841 F.2d 527, 530 (4th Cir. 1988) (for the purposes of § 547(c)(2)(B), a transfer of funds by check is effective on date of receipt as long as the debtor’s bank honors it within 30 days); Quinn Wholesale, Inc. v. Northen, 873 F.2d 77, 78 (4th Cir.) (employing the date of delivery analysis of Continental Commodities to adopt a date of delivery rule for § 549(a)(1)) cert. denied, 493 U.S. 851 , 110 S.Ct. 151 , 107 L.Ed.2d 109 (1989); O’Donnell v. Progroup, Inc. (In re Bob Grissett Golf Shoppes, Inc.), 78 B.R. 787…
discussed Cited as authority (rule) In Re Barefoot
1st Cir. · 1991 · confidence medium
See In re Virginia Information Systems Corp., 932 F.2d 338 , 341-42 (4th Cir.1991) (involving date of transfer under § 547(b)); Quinn Wholesale, Inc. v. Northen, 873 F.2d 77, 78 (4th Cir.1989) (involving avoidance powers of trustee for post-petition transfers under 11 U.S.C. § 549 (a)(1)); In re Continental Commodities, Inc., 841 F.2d 527 , 530 (4th Cir.1988) (involving former 45-day limit for § 547(c) ordinary course of business exception to preference law).
discussed Cited as authority (rule) Morrison v. Champion Credit Corp.
4th Cir. · 1991 · confidence medium
See In re Virginia Information Systems Corp., 932 F.2d 338 , 341-42 (4th Cir.1991) (involving date of transfer under § 547(b)); Quinn Wholesale, Inc. v. Northen, 873 F.2d 77, 78 (4th Cir.1989) (involving avoidance powers of trustee for post-petition transfers under 11 U.S.C. § 549 (a)(1)); In re Continental Commodities, Inc., 841 F.2d 527 , 530 (4th Cir.1988) (involving former 45-day limit for § 547(c) ordinary course of business exception to preference law).
cited Cited "see, e.g." Sommers v. Katy Steel Co. (In re Contractor Technology, Ltd.)
Bankr. S.D. Tex. · 2006 · signal: see, e.g. · confidence medium
See, e.g., Quinn Wholesale, Inc. v. Northen, 873 F.2d 77, 78 (4th Cir.1989); Tarver v. Trois Etoiles, Inc., 78 B.R. 237, 239 (9th Cir. BAP 1987).
Retrieving the full opinion text from the archive…
QUINN WHOLESALE, INC., Plaintiff-Appellee,
v.
John A. NORTHEN, Trustee in Bankruptcy for Gordon Foods, Inc., Defendant-Appellant
88-1336.
Court of Appeals for the Fourth Circuit.
Apr 26, 1989.
873 F.2d 77
1989 U.S. App. LEXIS 5481
1989 WL 39506
John A. Northen (Charles T.L. Anderson, Chapel Hill, N.C., on brief), for defendant-appellant., Michael Edmond Weddington (Amos U. Priester, IV, Raleigh, N.C., on brief), for plaintiff-appellee.
Hall, Wilkinson, Doumar, Eastern, Virginia.
Cited by 15 opinions  |  Published
K.K. HALL, Circuit Judge:

Appellant is the trustee in the bankruptcy filed by Gordon Foods, Inc. (“Gordon”), a North Carolina corporation which was engaged in a retail grocery business. The bankruptcy court granted summary judgment to the trustee and denied the cross-motion for summary judgment motion by Quinn Wholesale, Inc. (“Quinn”). On appeal to the district court, the bankruptcy[*78] court’s order was reversed and the case was remanded for entry of judgment in favor of Quinn. It is from this order that the trustee appeals. We affirm.

The facts of this case are undisputed. Quinn, a grocery wholesaler, delivered inventory to Gordon on a weekly basis; at the time of each delivery, Gordon would pay by check for the previous week’s delivery. On December 4, 1986, Quinn delivered its inventory and Gordon tendered a check in the amount of $72,444.62 for the previous delivery. The following day, Gordon filed its petition in the bankruptcy court. On December 9, 1986, Gordon’s check was accepted and paid by its bank.

The trustee instituted an adversary proceeding against Quinn to recover the amount of the check. The trustee claimed that the payment constituted a post-petition transfer which was subject to the trustee’s avoidance powers under 11 U.S.C. § 549(a)(1). The only question presented is whether the transfer of the $72,444.62 from Gordon to Quinn occurred, for the purposes of the avoidance provisions, on the pre-petition date of delivery of the check or on the post-petition date of payment of the check by Gordon’s bank. Relying primarily on a recent opinion by this Court as well as on a case directly on point from the Ninth Circuit, the district court held that the transfer was effected when the check was delivered to the creditor Quinn and, therefore, that such transfer was not subject to avoidance as a post-petition transfer. In re Continental Commodities, Inc., 841 F.2d 527 (4th Cir.1988) (date of delivery of check dispositive for transfers pursuant to 11 U.S.C. § 547(c)); In re Trois Etoiles, Inc., 78 B.R. 237, 16 B.C.D. 698 (B.A.P. 9th Cir.1987). We agree.

We affirm for the reasons set forth by the district court in its memorandum opinion. Quinn Wholesale, Inc. v. John A. Northen, Trustee in Bankruptcy for Gordon Foods, Inc., 100 B.R. 271 (M.D.N.C.1988).

AFFIRMED