Legal Opinion

Hostmann v. First Interstate Bank of Oregon, N.A. (In Re XTI Xonix Technologies, Inc.)

United States Bankruptcy Court, D. Oregon

Decided July 19, 1993No. 04-03329PublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM OPINION

POLLY S. HIGDON, Bankruptcy Judge.

The plaintiff trustee and the defendant, the First Interstate Bank of Oregon (hereinafter FIOR), have filed cross motions for partial summary judgment asking the court to decide whether the execution by Thomas Peterson and Gloria Peterson, insiders of the debtor, of a guarantee, which includes their waiver of certain rights, removes the attacked transfers from the one year time frame of 11 U.S.C. § 547(b)(4)(B) 1 . The position in which the parties find themselves is the result of the decision of the United States Court of Appeals for the…

2Cases cited33 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Johnson v. Home State BankSupreme Court of the United States · 1991
  5. Caplin v. Marine Midland Grace Trust Co. of New YorkSupreme Court of the United States · 1972

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3Cited by15 opinions

  1. Spreitzer v. Hawkeye State BankSupreme Court of Iowa · 2009
  2. Miller v. Greystone Business Credit II, LLC (In re USA Detergents, Inc.)United States Bankruptcy Court, D. Delaware · 2009
  3. Creditors Comm Adamson Apparel v. Arnold SimonCourt of Appeals for the Ninth Circuit · 2015
  4. Diamond Chapter 7 v. Friedman (In Re Century City Doctors Hospital, LLC)United States Bankruptcy Court, C.D. California · 2012
  5. Russell v. Jones (In Re Pro Page Partners, LLC)United States Bankruptcy Court, E.D. Tennessee · 2003

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