Legal Opinion
Rushton v. Bank of Utah (In re C.W. Mining Co.)
United States Bankruptcy Court, D. Utah
Decided September 30, 2011No. Bankruptcy No. 08-20105; Adversary No. 10-2712PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM DECISION
R. KIMBALL MOSIER, Bankruptcy Judge.
This matter is before the Court on the cross-motions for summary judgment filed by Kenneth A. Rushton, the plaintiff and chapter 7 trustee (Trustee) and the defendant, Bank of Utah (Bank). In this adversary proceeding, the Trustee seeks to recover $383,099 in postpetition payments to the Bank. At the time the Bank received the payments, it was a fully secured creditor and the payments to the Bank caused no damage to the estate. Although the Trustee characterizes his claims as a recovery of unauthorized postpetition transfers or turnover…
2Cases cited40 opinions
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Johnson v. Home State BankSupreme Court of the United States · 1991
- International Union, United Mine Workers v. BagwellSupreme Court of the United States · 1994
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
35 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Jubber v. Bank of Utah (In Re C.W. Mining Co.)Court of Appeals for the Tenth Circuit · 2014
- Rushton v. Bank of Utah (In re C.W. Mining Co.)Bankruptcy Appellate Panel of the Tenth Circuit · 2012
- In re RichUnited States Bankruptcy Court, D. Utah · 2014
- Abbott v. Arch Wood Protection, Inc. (In re Wood Treaters, LLC)United States Bankruptcy Court, M.D. Florida · 2012
- In Re Cw Min. Co.United States Bankruptcy Court, D. Utah · 2011
1 more not listed; retrieve them via the Exa API.