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CIMMARON OIL v. SCHLUMBERGER WELL SERVICES, INC.

No. CA 3-86-1623-R.

88 B.R. 103 (1987)

In re CIMMARON OIL COMPANY, INC., Plaintiff, v. SCHLUMBERGER WELL SERVICES, INC., Defendant.

United States District Court, N.D. Texas, Dallas Division.

As Revised July 25, 1988.

Attorney(s) appearing for the Case

Herbert J. Gilles, Palmer, Palmer & Coffee, Dallas, Tex., for plaintiff.

William E. Swart, Ruth Abboud Cross, Arter, Hadden & Witts, Dallas, Tex., for defendant.

MEMORANDUM OPINION

BUCHMEYER, District Judge.

This bankruptcy appeal presents one issue: whether — for purposes of setting aside preferential transfers made within 90 days of the filing of bankruptcy, 11 U.S.C. § 547(b) — a payment made by check takes place (i) when the check is delivered to the creditor, or (ii) when the check is actually honored by the bank on which it is drawn.

This opinion holds that, under 11 U.S.C. §...

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