SEIDLE v. GATX LEASING CORP.

No. 85-5019.

778 F.2d 659 (1985)

William D. SEIDLE, as trustee for the Estate of Airlift International, Inc., debtor, Plaintiff-Appellant, v. GATX LEASING CORPORATION, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 16, 1985.


Attorney(s) appearing for the Case

Dennis M. Campbell, Edward T. O'Donnell, Timothy J. Norris, Miami, Fla., for plaintiff-appellant.

R. Thomas Farrar, Holland & Knight, Miami, Fla., Henry B. Gutman, O'Sullivan, Graev, Karabell & Gross, New York City, for defendant-appellee.

Before VANCE and HATCHETT, Circuit Judges, and ATKINS, District Judge.


HATCHETT, Circuit Judge:

In this appeal, we address the tension that exists between 11 U.S.C.A. § 547 which allows a trustee in bankruptcy to recover preferential transfers and 11 U.S.C.A. § 1110 which provides for a stipulation leading to a debtor's continued possession of an aircraft after defaults are cured. We resolve the issue, as did the district court, based on congressional intent and common sense.

Pursuant to a written agreement dated September...

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