Legal Opinion

Sicherman v. Falkenberg (In Re Falkenberg)

United States Bankruptcy Court, N.D. Ohio

Decided January 31, 1992No. 19-30291PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OF OPINION AND ORDER

RANDOLPH BAXTER, Bankruptcy Judge.

I

In this matter, the Court must determine whether a security interest exists in certain proceeds and whether a transfer of those proceeds constituted an avoidable preference. The parties have filed cross-motions for summary judgment. 1 Following a review of the pleadings, affidavits, and argu ments of counsel, the following constitutes the Court’s findings and conclusions.

The relevant facts are not in dispute. Prepetition, on July 11, 1988 the Debtor Kenneth R. Falkenberg (the Debtor) properly executed and delivered to Bank One,…

2Cases cited10 opinions

  1. Lujan v. National Wildlife FederationSupreme Court of the United States · 1990
  2. In Re Bullion Reserve of North America, a California Corporation, Curtis B. Danning, Chapter 7 Trustee v. Theodore P. BozekCourt of Appeals for the Ninth Circuit · 1988
  3. Ppg Industries, Inc. v. The Hartford Fire Insurance Company, and United States of AmericaCourt of Appeals for the Second Circuit · 1976
  4. Henry T. Patterson Trust, by Its Trustee, the Reeves Banking & Trust Company v. United StatesCourt of Appeals for the Sixth Circuit · 1984
  5. Nolin Production Credit Ass'n v. Stone (In Re Stone)United States Bankruptcy Court, W.D. Kentucky · 1985

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3Cited by6 opinions

  1. McDannold v. Star Bank, N.A.Court of Appeals for the Sixth Circuit · 2001
  2. CEPA Consulting, Ltd. v. New York National Bank (In Re Wedtech Corp.)District Court, S.D. New York · 1995
  3. Barclays Business Credit, Inc. v. Four Winds Plaza PartnershipDistrict Court, Virgin Islands · 1996
  4. Owen v. CNA INS./CONTINENTAL CASNew Jersey Superior Court Appellate Division · 2000
  5. CEPA Consulting, Ltd. v. New York National Bank, Inc. (In Re Wedtech Corp.)United States Bankruptcy Court, S.D. New York · 1994

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