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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- BARNHILL v. JOHNSON, TRUSTEE
- certiorari tot he united states court of appeals for
- the tenth circuit
- No. 91-159. Argued January 14, 1992-Decided March 25, 1992
-
- The debtor's check in payment of a bona fide debt was delivered to
- petitioner Barnhill in New Mexico on November 18 and honored by
- the drawee bank on November 20, the 90th day before the debtor
- filed a Chapter 11 bankruptcy petition. Respondent Johnson, the
- trustee of the debtor's estate, filed an adversary action against
- Barnhill, claiming that the payment was recoverable under
- 11 U.S.C. 547(b) as a transfer of the debtor's property made on
- or within 90 days of the bankruptcy filing. Johnson asserted that the
- transfer occurred on the date that the bank honored the check, but
- Barnhill claimed that it occurred on the date that he received the
- check. The Bankruptcy Court agreed with Barnhill and denied
- recovery, and the District Court affirmed. The Court of Appeals
- reversed, holding that a date of honor rule should govern 547(b)
- actions.
- Held:For the purposes of 547(b), a transfer made by check is deemed
- to occur on the date the check is honored. Pp.3-9.
- (a)``What constitutes a transfer and when it is complete'' is a
- matter of federal law. McKenzie v. Irving Trust Co., 323 U.S. 365,
- 369-370. The Bankruptcy Code defines ``transfer'' as ``every mode,
- . . . absolute or conditional, . . . of disposing of . . . property or . . .
- an interest in property.'' 11 U.S.C. 101(54). In the absence of any
- controlling federal law, ``property'' and ``interests in property'' are
- creatures of state law. McKenzie, supra, at 370. Under the Uniform
- Commercial Code, which has been adopted by New Mexico, a check
- is simply an order to the drawee bank to pay the sum stated on
- demand. If the check is honored, the debtor's obligation is dis-
- charged, but if it is not honored, a cause of action against the debtor
- accrues to the check recipient ``upon demand following dishonor.''
- Pp.3-5.
- (b)An unconditional transfer of the debtor's interest in property
- did not occur before November 20, since receipt of the check gave
- Barnhill no right in the funds the bank held on the debtor's account.
- No transfer of any part of the debtor's claim against the bank
- occurred until the bank honored the check, at which time the bank
- had the right to ``charge'' the debtor's account and Barnhill's claim
- against the debtor ceased. Honoring the check left the debtor in the
- position that it would have occupied had it withdrawn cash from its
- account and handed it over to Barnhill. Thus, it was not until the
- debtor directed the bank to honor the check and the bank did so,
- that the debtor implemented a ``mode . . . of disposing . . . of property
- or . . . an interest in property'' under 101(54) and a ``transfer'' took
- place. Pp.5-7.
- (c)Barnhill's argument that delivery of a check should be viewed
- as a ``conditional'' transfer is rejected. Any chose in action against
- the debtor that he gained when he received the check cannot be
- fairly characterized as a conditional right to ``property or . . . an
- interest in property,'' since, until the moment of honor, the debtor
- remained in full control over the account's disposition and the
- account remained subject to a variety of actions by third parties. In
- addition, the rule of honor is consistent with 547(e)(2)(A), which
- provides that a transfer occurs at the time it ``takes effect between
- the transferor and the transferee,'' particularly since the debtor here
- retained the ability to stop payment on the check until the very last.
- Barnhill's appeal to legislative history is also unavailing. Pp.7-9.
- 931 F.2d 689, affirmed.
-
- 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.
-