Legal Opinion
Meoli v. MBNA America Bank, N.A. (In Re Wells)
Bankruptcy Appellate Panel of the Sixth Circuit
Decided February 11, 2008No. 07-8021PublishedCited by 11 opinions
1Opinion of the Court
OPINION
WHIPPLE, Bankruptcy Judge.
MBNA America Bank, N.A., (“MBNA”) appeals the bankruptcy court’s order granting the Chapter 7 Trustee (“the Trustee”) summary judgment on her preference claim under 11 U.S.C. § 547(b). The bankruptcy court held that use by the debtor (“Debtor”) in the underlying Chapter 7 case of credit on a credit card account to reduce the balance owed on a second credit card account with MBNA was a transfer of an interest of the debtor in property that constitutes a preferential transfer. The bankruptcy court rejected MBNA’s argument that there had been no transfer of an…
2Cases cited10 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
- International Union v. Cummins, Inc.Court of Appeals for the Sixth Circuit · 2006
- Treinish v. Norwest Bank Minnesota, N.A. (In Re Periandri)Bankruptcy Appellate Panel of the Sixth Circuit · 2001
- Menninger v. Accredited Home Lenders (In Re Morgeson)Bankruptcy Appellate Panel of the Sixth Circuit · 2007
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In Re EgidiCourt of Appeals for the Eleventh Circuit · 2009
- In Re MarshallCourt of Appeals for the Tenth Circuit · 2008
- In Re SmithUnited States Bankruptcy Court, N.D. Texas · 2009
- Parks v. Fia Card Services, N.A.Court of Appeals for the Tenth Circuit · 2008
- Marchand v. Whittick (In re Whittick)United States Bankruptcy Court, D. New Jersey · 2016
6 more not listed; retrieve them via the Exa API.