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IN RE VIRGINIA INFORMATION SYSTEMS CORP.

Nos. 89-2228, 91-2339.

932 F.2d 338 (1991)

In re VIRGINIA INFORMATION SYSTEMS CORPORATION, Debtor. Henry J. COUNTS, Plaintiff-Appellee, v. WANG LABORATORIES, INC., Defendant-Appellant. In re VIRGINIA INFORMATION SYSTEMS CORPORATION, Debtor. Henry J. COUNTS, Trustee, Plaintiff-Appellee, v. WANG LABORATORIES, INC., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 3, 1991.

As Amended June 4, 1991.

Attorney(s) appearing for the Case

Bryan T. Veis, argued, Steptoe & Johnson (Filiberto Agusti, Steptoe & Johnson, on brief), Washington, D.C., for defendant-appellant.

William Thomas Freyvogel, argued, Adams, Porter & Radigan, Ltd. (Kevin V. McAlevy, Adams, Porter & Radigan, Ltd., on brief), McLean, Va., for plaintiff-appellee.

Before SPROUSE and WILKINSON, Circuit Judges, and HADEN, Chief District Judge.

SPROUSE, Circuit Judge:

We interpret § 547(b) of the Bankruptcy Code, 11 U.S.C. § 547(b), to determine whether a transfer of funds by check occurs at the time the check is delivered to the creditor or at the time it is honored by the drawee bank. The district court held that a transfer occurs when the debtor's check is honored. We reverse that portion of the district court's judgment and hold that the outcome here is governed by In re Continental Commodities...

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