Legal Opinion
In Re Comark, Debtor. Sam Jonas, Chapter 7 Trustee v. Resolution Trust Corporation, as Receiver for Greatamerican Federal Savings & Loan Assoc.
Court of Appeals for the Ninth Circuit
Decided July 28, 1992No. 91-55182PublishedCited by 38 opinions
1Opinion of the Court
BRUNETTI, Circuit Judge:
In Bankruptcy Court, the trustee for Co-mark, a limited partnership, sought to recover the value of an alleged preferential transfer to GreatAmeriean Federal Savings & Loan Association. The transfer occurred when Comark returned $9.25 million worth of securities to GreatAmeriean that were “additional margin” in a securities transaction that the parties cancelled. On cross motions for summary judgment, the Bankruptcy Court ruled that while the transfer was a preferential transfer it was not avoidable because the return of the securities was either a “margin payment” or…
2Cases cited10 opinions
- Edward Ashton v. Kenneth CoryCourt of Appeals for the Ninth Circuit · 1986
- David W. Jackson v. Southern California Gas Company Claudia Dodson Lois Durfee Mary Moore Jean Bish Betty Shattery Pat ShatteryCourt of Appeals for the Ninth Circuit · 1989
- Kaiser Steel Corp v. Pearl Brewing Co.Court of Appeals for the Tenth Circuit · 1991
- Blanton v. Prudential-Bache Securities, Inc. (In Re Blanton)United States Bankruptcy Court, E.D. Virginia · 1989
- Guaranty National Insurance Company v. David A. GatesCourt of Appeals for the Ninth Circuit · 1990
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3Cited by38 opinions
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- Contemporary Industries Corp. v. FrostCourt of Appeals for the Eighth Circuit · 2009
- In Re: Resorts International, Inc.Court of Appeals for the Third Circuit · 1999
- Hechinger Investment Co. v. Fleet Retail Finance GroupDistrict Court, D. Delaware · 2002
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