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792 (Bankr.N.D.Ohio 1988). In Rafoth, the issue was whether, in a preference action, an “insider” of one of the consolidated debtors must be considered to be an “insider” of all of the consolidated debtors, solely because of the earlier substantive consolidation of the debtors’ bankruptcy estates. Rafoth, 88 B.R. The Rafoth court determined that an “insider” of one of the consolidated debtors was not an “insider” of each of the other debtors merely as a result of the substantive consolidation order. The court based its conclusion on the lack of a factual finding in its substantive consolidation order that the Debtors constituted a single corporate operation.
Eventually, the market for adult bicycles grew smaller as cars became more affordable. Arnold sold his share of the company to Schwinn, who realized the importance of manufacturing and marketing bicycles for children. With lower prices possible due to advances in manufacturing, the market for children’s bicycles began to grow. The 26 x 1.75 size is the normal I.S.O. 559 mm size used on most mountain bikes; the 26 x 1 3/4 (I.S.O. 571 mm) is not interchangeable with any normal tire of similar width, although its bead circumference is the same as the “650C” size used on some high performance 26″ wheel bicycles.
In other cases where preference defendants have successfully proven ordinary course of business defenses, the defendants have also presented evidence of their competitors’ receivables and collections practices and of the actual payment practices of the defendants’ competitors’ customers. In Solow, supra, the evidence included the debtor’s payment history to its other law firms and also evidence of schwinn ebike the defendant’s competitors’ accounts receivables practices and the aging of their accounts. Solow, 180 B.R. The Solow bankruptcy court expressly distinguished that case from another in which the defendant’s president had admitted that he had no knowledge of his competitors’ receivables practices. Luper, 91 F.3d at 814. Likewise, in McCord v. Venus Foods, Inc. (In re Lan Yik Foods Corp.), 185 B.R.
Here the doctrine of judicial estoppel has no application or relevancy to this case because the legal and factual issues involved in this insolvency hearing and the Defendant’s preference trial were completely different. The issue in the insolvency hearing was whether the consolidated Debtors were insolvent under a balance sheet test during the Preference Period. The Code uses a “balance sheet” test for the purpose of establishing insolvency in a preference action. Common Issues Opinion, 192 B.R. At 486, 11 U.S.C. § 101(32). In order to apply the balance sheet test in this case, the Committee and the Court had to consolidate the Debtors’ schedules in order to eliminate intercompany transactions which had no real value and to determine the accurate value of Debtors’ assets and liabilities.
As with the award of prejudgment interest itself, the rate of interest is likewise within the court’s sound discretion. Energy Co-op, 130 B.R. At 792 (citations omitted). Some bankruptcy courts have concluded that the coupon yield rate set forth in 28 U.S.C. § 1961 is appropriate. In re Helen Gallagher Enterprises, Inc., 126 B.R. 997, 1005 (Bankr.C.D.Ill. 1991).
In late 1997, Questor Partners Fund, led by Jay Alix and Dan Lufkin, purchased Schwinn Bicycles. Questor/Schwinn later purchased GT Bicycles in 1998 for $8 a share in cash, roughly $80 million. The new company produced a series of well-regarded mountain bikes bearing the Schwinn name, called the Homegrown series.[62] In 2001, Schwinn/GT declared bankruptcy. The overall value of a Schwinn vintage bike will vary based on its condition, age, and scarcity.
According to Thorholm, the payments were sent to Defendant because he understood that Defendant would not ship product to the Debtors unless they made payments on outstanding invoices. With regard to Defendant’s asserted ordinary course of business defense, the evidence to be considered starts with earlier Findings in the Common Issues Opinion. There it was found that schwinn dealers Debtors were not operating in the Preference Period as they had previously because of their poor financial situation. Debtors experienced a severe cash crisis during the preference period and were unable to pay their payables as they came due in the ordinary course. Debtors had violated certain debt covenants in their loan agreements with their banks in early 1992.