Legal Opinion

NationsBank v. Commercial Financial Services, Inc. (In Re Commercial Financial Services, Inc.)

United States Bankruptcy Court, N.D. Oklahoma

Decided October 15, 2001No. 19-10074PublishedCited by 7 opinions

1Opinion of the Court

ORDER GRANTING IN PART AND DENYING IN PART MOTIONS TO DISMISS FIRST AMENDED ADVERSARY COMPLAINT

DANA L. RASURE, Bankruptcy Judge.

On July 23, 1999, Plaintiff Bank of America, formerly known as NationsBank, N.A., (“BOA”) filed its First Amended Adversary Complaint (the “Complaint”) (Adversary Docket # (“Adv.Doc.”) 34) on behalf of itself and as an agent for others, 1 seeking an order declaring that approximately $66 million in funds held by' Defendant Commercial Financial Services, Inc. (“CFS”) had been impressed with a constructive or resulting trust in BOA’s favor. 2

In response to the…

2Cases cited42 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Basic Inc. v. LevinsonSupreme Court of the United States · 1988
  3. TSC Industries, Inc. v. Northway, Inc.Supreme Court of the United States · 1976
  4. Morton v. MancariSupreme Court of the United States · 1974
  5. Sarah B. Shields, Individually and as Representative of All Others Similarly Situated v. Citytrust Bancorp, Inc., George F. Taylor and Irwin EngelmanCourt of Appeals for the Second Circuit · 1994

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3Cited by7 opinions

  1. Margaret B. McGimsey Trust v. USA Capital Diversified Trust Deed Fund, LLC (In Re USA Commercial Mortgage Co.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
  2. AMANDA KAY CHRONISTERUnited States Bankruptcy Court, E.D. Oklahoma · 2025
  3. Homen v. ThomasUnited States Bankruptcy Court, E.D. Oklahoma · 2025
  4. In re: Dennis R. Saffell v. Jared C. Walters, I-25 Gateway Center, LLC, I-25 Gateway Center Management, LLC, I-25 Gateway Investors, LLC, Scott W. Smith, and Three Rivers Development, LLCUnited States Bankruptcy Court, D. Colorado · 2026
  5. Marcus v. HortonUnited States Bankruptcy Court, D. New Mexico · 2020

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