Legal Opinion
Parks v. Fia Card Services, N.A.
Court of Appeals for the Tenth Circuit
Decided December 30, 2008No. 08-3080PublishedCited by 22 opinions
1Opinion of the Court
O’BRIEN, Circuit Judge.
During the ninety-day period prior to filing of their Chapter 7 bankruptcy petition, Bryan and Julie Marshall (Debtors) used their Capital One credit card accounts to make payments on their MBNA credit card accounts. Linda Parks, the bankruptcy Trustee, filed an adversary complaint against MBNA (now FIA Card Services) seeking to avoid the payments as preferential transfers under 11 U.S.C. § 547(b). The bankruptcy court concluded the payments were not preferential transfers; the district court agreed. We reverse.1
I. BACKGROUND
The parties stipulated to the following…
2Cases cited20 opinions
- Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
- In the Matter of Southmark Corporation, Debtor. Southmark Corporation v. Joseph GroszCourt of Appeals for the Fifth Circuit · 1995
- In the Matter of Joseph D. Smith, Doing Business as J.D. Management Services and G.L. Properties, Debtor. Appeal of David R. Boyer, TrusteeCourt of Appeals for the Seventh Circuit · 1992
- Bailey v. Big Sky Motors, Ltd.Court of Appeals for the Tenth Circuit · 2002
- In Re Mama D'angelo, Inc., Debtor. Duane H. Gillman, Trustee v. Scientific Research Products Inc. Of DelawareCourt of Appeals for the Tenth Circuit · 1995
15 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Parks v. DittmarCourt of Appeals for the Tenth Circuit · 2010
- In Re MarshallCourt of Appeals for the Tenth Circuit · 2008
- Weisfelner v. Blavatnik (In re Lyondell Chemical Co.)United States Bankruptcy Court, S.D. New York · 2017
- Holley Performance Products, Inc. v. Coppaken (In re Coppaken)United States Bankruptcy Court, D. Kansas · 2017
- Redmond v. SpiritBank (In re Brooke Corp.)United States Bankruptcy Court, D. Kansas · 2015
17 more not listed; retrieve them via the Exa API.