Display Mode
Dark
Dark
Light
Light
Theme Cover
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Search History
No search history
Copied to clipboard
StarredCase saved
Oh No!
Copied to clipboard
StarredCase saved
Oh No!
Media
Term
Opinion Writer
Direction
Field

William Barnhill v. Elliot Johnson, Trustee

• 1991 • 503 U.S. 393 • Rehnquist Court
In the 1991 case of William Barnhill v. Elliot Johnson, Trustee, the U.S. Supreme Court was tasked with determining whether a transfer made by a debtor to or for the benefit of a creditor in payment of an antecedent debt is deemed "made" at the time when it is perfected if such perfection occurs within ten days after such transfer under section 547(e)(2) of Bankruptcy Code. The court held that transfers are not considered 'made' until they have been perfected and cannot be undone by other...Open Case
Score:
Copyright © 2026Etalia.ai All Rights Reserved
  • Blog
  • •
  • Privacy
  • •
  • Terms
1 results found
Become a Sponsor
Support Us
Feedback: We can do better!

Your feedback is extremely important to us and greatly appreciated.
Tell us what went wrong

Copied to clipboard
StarredCase saved
Oh No!
Chief Rehnquist Court
Term: 1991
Docket: 91-159
503 U.S. 393
112 S. Ct. 1386
118 L. Ed. 2d 39
1992 U.S. LEXIS 1955
Argued: Jan 14, 1992

William Barnhill v. Elliot Johnson, Trustee

  • Pro
  • Pro
Go Pro!orto acess these features and extra content.

Opinion Summary
AI Abstract

In the 1991 case of William Barnhill v. Elliot Johnson, Trustee, the U.S. Supreme Court was tasked with determining whether a transfer made by a debtor to or for the benefit of a creditor in payment of an antecedent debt is deemed "made" at the time when it is perfected if such perfection occurs within ten days after such transfer under section 547(e)(2) of Bankruptcy Code. The court held that transfers are not considered 'made' until they have been perfected and cannot be undone by other creditors or bankruptcy trustees. In this particular case, Mr. Barnhill had written checks to his milk supplier shortly before filing for bankruptcy which were honored after he filed his petition but within ten days from issuance date; thus these payments could not be reclaimed as preferential transfers because they were deemed 'made' on their respective dates of honor rather than on their issuance dates.

Dissent Summary
AI Abstract

In the dissenting opinion for William Barnhill v. Elliot Johnson, Trustee, 1991 case, Justice Scalia disagreed with the majority's interpretation of "transfer" under §547(b) of the Bankruptcy Code. He argued that a transfer occurs when an entity gains control over property and not at delivery as suggested by the majority. In his view, this would mean that a check is considered transferred only once it has been honored by the bank rather than when it was delivered or mailed to its recipient. This interpretation aligns more closely with commercial practice and provides greater certainty in transactions involving checks because parties can know exactly when their rights have vested without having to rely on uncertain factors such as postal delivery times or practices.

Opinion written by Justice WHRehnquist
Decided: Mar 25, 1992
PDF viewer is not available.
Oral Transcript
Argued: Oct 05, 2026
Go Pro!orto acess these features and extra content.
Related Cases
AI Assist
Go Pro!orto acess these features and extra content.
PDF viewer is not available.
Oral Transcripts
Go Pro!orto acess these features and extra content.
Related Cases
Go Pro!orto acess these features and extra content.
Ask Etalia.ai
Go Pro!orto acess these features and extra content.
Audio of Oral Arguments
Free Trial!
Become a Sponsor

Support Us
Copyright © 2026Etalia.ai All Rights Reserved
  • Blog
  • •
  • Privacy
  • •
  • Terms