GLOBAL DISTRIBUTION NETWORK v. STAR EXPANSION

Nos. 91-1151, 91-1152.

949 F.2d 910 (1991)

GLOBAL DISTRIBUTION NETWORK, INC., Plaintiff-Appellee, v. STAR EXPANSION CO., et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided November 19, 1991.


Attorney(s) appearing for the Case

John M. Galich (argued), Brusso & Associates, Chicago, Ill., for Star Expansion Co. and IFC (Fasteners), Inc.

John V. Del Gaudio, Jr. (argued), Chicago, Ill., for Global Distribution Network, Inc.

Before CUMMINGS, FLAUM, and EASTERBROOK, Circuit Judges.


EASTERBROOK, Circuit Judge.

When does a check create a "transfer" for purposes of 11 U.S.C. § 547(b)? This statute allows the estate of a debtor in bankruptcy to avoid transfers made during the 90 days before the filing of the petition. If the transfer occurs when the check is honored, then Global Distribution Network is entitled to recover about $20,000 from its creditors, who supplied goods on open account. If the transfer occurs at any earlier time, the creditors...

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