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BARNHILL v. JOHNSON

No. 91-159.

503 U.S. 393 (1992)

BARNHILL v. JOHNSON, TRUSTEE

United States Supreme Court.

Decided March 25, 1992.

Attorney(s) appearing for the Case

William J. Arland III argued the cause for petitioner. With him on the briefs was Emily A. Franke.

Nancy S. Cusack argued the cause for respondent. With her on the brief were William P. Johnson and Andrew J. Cloutier.

Rehnquist, C. J., delivered the opinion of the Court, in which White, O'Connor, Scalia, Kennedy, Souter, and Thomas, JJ., joined. Stevens, J., filed a dissenting opinion, in which Blackmun, J., joined, p. 403.

Chief Justice Rehnquist delivered the opinion of the Court.

Under the Bankruptcy Code's preference avoidance section, 11 U. S. C. § 547, the trustee is permitted to recover, with certain exceptions, transfers of property made by the debtor within 90 days before the date the bankruptcy petition was filed. We granted certiorari to decide whether, in determining if a transfer occurred within the 90-day preference period, a transfer made by check should be deemed...

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