Legal Opinion
Universal Service Administrative Co. v. Post-Confirmation Committee of Unsecured Creditors of Incomnet Communications Corp.
Court of Appeals for the Ninth Circuit
Decided September 19, 2006No. 03-56736PublishedCited by 14 opinions
1Opinion of the Court
BYBEE, Circuit Judge:
In this case we are asked to review the decision of the bankruptcy appellate panel (“BAP”), which held that the Universal Service Administrative Company (“USAC”) was a transferee under 11 U.S.C. §§ 547 and 550. We hold that USAC is a transferee under the “dominion” test and affirm the judgment of the BAP.
I. FACTS AND PROCEEDINGS
Congress passed the “1996 Telecommunications Act ... to encourage universal telecommunications service.” City of Springfield v. Ostrander (In re LAN Tamers, Inc.), 329 F.3d 204, 206 (1st Cir. 2003). “Universal service includes ‘advanced…
2Cases cited23 opinions
- Bonded Financial Services, Inc., Debtor-Appellant v. European American BankCourt of Appeals for the Seventh Circuit · 1988
- In Re Chase & Sanborn Corporation, F/k/a General Coffee Corporation, Debtors. Paul C. Nordberg, as Creditor Trustee v. Societe GeneraleCourt of Appeals for the Eleventh Circuit · 1988
- In Re Bullion Reserve of North America, a California Corporation, Debtor. Curtis B. Danning, Chapter 7 Trustee v. Michael L. MillerCourt of Appeals for the Ninth Circuit · 1991
- Texas Office of Public Utility Counsel v. Federal Communications CommissionCourt of Appeals for the Fifth Circuit · 1999
- In Re: James H. Hatton Debtor. United States of America v. James H. HattonCourt of Appeals for the Ninth Circuit · 2000
18 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Bear, Stearns Securities Corp. v. Gredd (In Re Manhattan Investment Fund Ltd.)District Court, S.D. New York · 2007
- In re Incomnet, Inc.Court of Appeals for the Ninth Circuit · 2006
- CLC Creditors' Grantor Trust v. Howard Savings Bank (In Re Commercial Loan Corp.)United States Bankruptcy Court, N.D. Illinois · 2008
- Leonard v. Coolidge (In Re National Audit Defense Network)United States Bankruptcy Court, D. Nevada · 2007
- Marcia Meoli v. The Huntington Nat'l BankCourt of Appeals for the Sixth Circuit · 2017
9 more not listed; retrieve them via the Exa API.