Legal Opinion

Anstine v. Carl Zeiss Meditec AG (In Re U.S. Medical, Inc.)

Court of Appeals for the Tenth Circuit

Decided July 15, 2008No. 07-1259PublishedCited by 52 opinions

1Opinion of the Court

PAUL KELLY, JR., Circuit Judge.

Plaintiff-Appellant and Trustee Glen R. Anstine appeals from the judgment of the bankruptcy appellate panel (“BAP”). The BAP determined that Defendant-Appellee Carl Zeiss Meditec AG (“Creditor”) was not a “non-statutory insider” of Debtor U.S. Medical, Inc. (“Debtor”) for the purposes of 11 U.S.C. § 547(b)(4)(B). The BAP reversed the judgment of the bankruptcy court. The bankruptcy court held that Creditor was a non-statutory insider of Debtor under 11 U.S.C. § 101(31) and permitted Trustee to avoid $147,307 in transfers made between ninety days and one year…

2Cases cited11 opinions

  1. In Re Guy Benny Brown, Debtor. Ronald D. Gullickson v. Guy Benny BrownCourt of Appeals for the Tenth Circuit · 1997
  2. In the Matter of Robert P. Krehl, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1996
  3. Citicorp Venture Capital, Ltd., a New York Corporation v. Committee of Creditors Holding Unsecured Claims, and Committee of Creditors Holding Unsecured Claims as Estate Representative of Papercraft Corporation (d.c. Civil No. 95-Cv-01872). Committee of Creditors Holding Unsecured Claims, and Committee of Creditors Holding Unsecured Claims as Estate Representative of Papercraft Corporation v. Citicorp Venture Capital, Ltd., a New York Corporation (d.c. Civil No. 95-Cv-01886)Court of Appeals for the Third Circuit · 1998
  4. In Re FriedmanUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 1991
  5. Rupp v. United Security Bank (In Re Kunz)Court of Appeals for the Tenth Circuit · 2007

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3Cited by52 opinions

  1. U. S. Bank N. A. v. Village at Lakeridge, LLCSupreme Court of the United States · 2018
  2. Schubert v. Lucent Technologies Inc. (In Re Winstar Communications, Inc.)Court of Appeals for the Third Circuit · 2009
  3. Burtch v. Opus, LLC (In re Opus East, LLC)United States Bankruptcy Court, D. Delaware · 2015
  4. Think3 Litigation Trust v. Zuccarello (In re Think3, Inc.)United States Bankruptcy Court, W.D. Texas · 2015
  5. Official Unsecured Creditors' Committee of Broadstripe, LLC Ex Rel. Estate of Broadstripe, LLC v. Highland Capital Management, L.P. (In Re Broadstripe, LLC)United States Bankruptcy Court, D. Delaware · 2010

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