Legal Opinion
Uecker v. Montgomery (In re Mortgage Fund '08 LLC)
United States Bankruptcy Court, N.D. California
Decided November 19, 2015No. Case No. 11-49803 RLE; Adv. Proc. No. 13-4190 RLEPublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM DECISION RE MOTIONS FOR SUMMARY JUDGMENT
Roger L. Efremsky, U.S. Bankruptcy Judge
I. Introduction
Before the court are cross-motions for summary judgment by plaintiff Susan L. Uecker, the liquidating trustee appointed under the confirmed plan of Mortgage Fund ’08 LLC (the “Trustee” and “MF08”), and defendant Robert L. Montgomery. This matter has been fully briefed and argued.
*469The Trustee moves for summary judgment on the California Civil Code § 3439.04(a) constructive fraudulent transfer claim in her first amended complaint. Montgomery moves for summary judgment on the affirmative…
2Cases cited28 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Harris v. County of OrangeCourt of Appeals for the Ninth Circuit · 2012
- Nissan Fire & Marine Insurance Company, Ltd v. Fritz Companies, Inc.Court of Appeals for the Ninth Circuit · 2000
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3Cited by4 opinions
- In re: Mortgage Fund '08 LLCUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2016
- In re: Mortgage Fund '08 LLCUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2016
- In re: Mortgage Fund '08 LLCUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2016
- In re: Mortgage Fund '08 LLCUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2016