Legal Opinion

Rushton v. Standard Industries, Inc. (In re C.W. Mining Co.)

District Court, D. Utah

Decided March 25, 2013No. Bankruptcy No. 08-20105; No. 2:11-CV-840 TSPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM DECISION AND ORDER ON COMBINED APPEAL

TED STEWART, District Judge.

This matter is before the Court on Kenneth A. Rushton, the Chapter 7 Trustee’s (the “Trustee”) Appeal from Bankruptcy Adversary Proceeding No. 11-08001 in Bankruptcy Case No. 08-20105. Due to the similarity of facts and issues involved, multiple appeals to this Court were consolidated into this action.1 The Court has considered the briefs and evidence submitted by the parties and, for the reasons provided more fully below, will affirm in part and reverse in part the bankruptcy court’s decision.

I. BACKGROUND

This appeal…

2Cases cited15 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. In the Matter of Daniel J. YONIKUS and Carolyn S. Yonikus, Debtors. Appeal of Daniel J. YONIKUSCourt of Appeals for the Seventh Circuit · 1993
  3. Brammer-Hoelter v. Twin Peaks Charter AcademyCourt of Appeals for the Tenth Circuit · 2007
  4. Roe v. Cheyenne Mountain Conference Resort, Inc.Court of Appeals for the Tenth Circuit · 1997
  5. Belhomme v. WidnallCourt of Appeals for the Tenth Circuit · 1997

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3Cited by1 opinion

  1. Jubber v. Hiawatha Coal Proceeds (In re C.W. Mining Co. )United States Bankruptcy Court, D. Utah · 2014

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