Legal Opinion
Peters v. Wray State Bank (In Re Kerst)
United States Bankruptcy Court, D. Colorado
Decided August 8, 2006No. 19-10823PublishedCited by 11 opinions
1Opinion of the Court
ORDER
HOWARD R. TALLMAN, Bankruptcy Judge.
This matter came before the Court on a complaint (the “Complaint”) filed by the Chapter 7 Trustee, Plaintiff M. Stephen Peters (the “Plaintiff’) to avoid and recover a transfer made to Wray State Bank (the “Defendant”) by Takk Harold Kerst, the debtor herein (the “Debtor”). The Defendant pled in its answer that the transfer should be protected by the earmarking doctrine or that it was a substantially contemporaneous exchange for new value. A trial was held on May 8, 2006.
FACTS
The Debtor owns a 2003 Volkswagen Jetta, which was collateral for a loan from…
2Cases cited25 opinions
- Dean v. DavisSupreme Court of the United States · 1917
- In Re ArnettCourt of Appeals for the Sixth Circuit · 1984
- 20 Collier bankr.cas.2d 19, Bankr. L. Rep. P 72,385, 7 Ucc rep.serv.2d 656 in Re Bellanca Aircraft Corporation, Debtor (Three Cases). Edward W. Bergquist, Trustee of the Bankruptcy Estate of Bellanca Aircraft Corporation v. Anderson-Greenwood Aviation Corp., a Texas Corporation Anderson Greenwood & Co., a Texas Corporation, (Two Cases). Edward W. Bergquist, Trustee of the Bankruptcy Estate of Bellanca Aircraft Corporation v. Anderson-Greenwood Aviation Corp., a Texas Corporation Anderson Greenwood & Co., a Texas CorporationCourt of Appeals for the Eighth Circuit · 1988
- In Re: Dorholt, Inc., Debtor. Dwight R.J. Lindquist, Trustee v. Marjorie DorholtCourt of Appeals for the Eighth Circuit · 2000
- In the Matter of Edc, Incorporated, Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1991
20 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Chase Manhattan Mortgage Corp. v. Shapiro (In Re Lee)Court of Appeals for the Sixth Circuit · 2008
- Goodman v. Southern Horizon Bank (In Re Norsworthy)United States Bankruptcy Court, N.D. Georgia · 2007
- Charles W. Ries v. Michael CalandrilloCourt of Appeals for the Eighth Circuit · 2015
- Dill v. Brewer Oil Co. (In re Indian Capitol Distributing Inc.)United States Bankruptcy Court, D. New Mexico · 2012
- Moser v. JP Morgan Chase Bank, N.A. (In Re Brown)United States Bankruptcy Court, E.D. Texas · 2007
6 more not listed; retrieve them via the Exa API.