Legal Opinion

In Re Raymond B. Yates, Debtor. William T. Hendon, Trustee v. Raymond B. Yates, M.D., P.C. Profit Sharing Plan Raymond B. Yates, Trustee

Court of Appeals for the Sixth Circuit

Decided June 20, 2002No. 00-6023PublishedCited by 3 opinions

1Opinion of the Court

OPINION

DAVID A. NELSON, Circuit Judge.

The question here is whether a Chapter 7 bankruptcy trustee was entitled to a court order setting aside as a voidable preference a loan repayment made by an insolvent debtor to his wholly-owned corporation’s profit sharing/pension plan only three weeks before an involuntary bankruptcy petition was filed against the debt- or. Both the bankruptcy court and the district court determined that the trustee in bankruptcy was entitled to have the repayment set aside, thereby increasing the amount of money available for creditors.

Pursuant to the Employee…

2Cases cited14 opinions

  1. Patterson v. ShumateSupreme Court of the United States · 1992
  2. United States v. Lewis J. SmithCourt of Appeals for the Sixth Circuit · 1996
  3. Richard Fugarino, Jo Marie Fugarino and Marc A. Fugarino v. Hartford Life and Accident Insurance Company and Consolidated Group, Inc.Court of Appeals for the Sixth Circuit · 1992
  4. United States v. Errol Eugene WashingtonCourt of Appeals for the Sixth Circuit · 1997
  5. In Re Ronald J. Yuhas, Debtor. Thomas J. Orr v. Ronald J. YuhasCourt of Appeals for the Third Circuit · 1997

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3Cited by3 opinions

  1. Raymond B. Yates, MD, PC Profit Sharing Plan v. HendonSupreme Court of the United States · 2004
  2. Raymond B. Yates, MD, PC Profit Sharing Plan v. HendonSupreme Court of the United States · 2004
  3. Raymond B. Yates, M. D., P. C. Profit Sharing Plan v. Hendon, TrusteeSupreme Court of the United States · 2003

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