Legal Opinion
Kroh Bros. Development Co. v. Commerce Bank of Kansas City, N.A. (In Re Kroh Bros. Development Co.)
United States Bankruptcy Court, W.D. Missouri
Decided May 3, 1988No. 14-42323PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM AND ORDER AVOIDING TRANSFERS AS PREFERENTIAL AND DENYING MOTION OF COMMERCE BANK TO LIFT AUTOMATIC STAY
KAREN M. SEE, Bankruptcy Judge.
Two issues are before the Court: 1) whether granting Commerce Bank four mortgages and deeds of trust, and pledging as security to Commerce two certificates of deposit, constituted fraudulent or preferential transfers; and 2) whether Commerce should be allowed to setoff the amount of a certificate of deposit against debts owed by Kroh Brothers Development Company.
This proceeding arose from Commerce’s motion for relief from automatic stay which sought…
2Cases cited16 opinions
- Palmer Clay Products Co. v. BrownSupreme Court of the United States · 1936
- Alan B. Miller, Trustee in Bankruptcy of American Ibc Corp., Bankrupt v. Wells Fargo Bank International Corp.Court of Appeals for the Second Circuit · 1976
- 13 Collier bankr.cas.2d 1400, Bankr. L. Rep. P 70,902 in Re Lewis W. Shurtleff, Inc. And Frontier Properties, Inc., Debtors. Thomas D. Elliott, Trustee v. Frontier Properties/lp 102/meadow Glen Arms/79Court of Appeals for the Ninth Circuit · 1986
- In Re Tenna Corporation, Debtor. Charles J. Neuger, Trustee v. United StatesCourt of Appeals for the Sixth Circuit · 1986
- In Re Applied Logic Corporation, Bankrupt. New Jersey National Bank v. Daniel Gutterman, as Trustee of Applied Logic Corporation, BankruptCourt of Appeals for the Second Circuit · 1978
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3Cited by8 opinions
- In Re CabrilloUnited States Bankruptcy Court, E.D. Pennsylvania · 1989
- Falcon Creditor Trust v. First Insurance Funding (In Re Falcon Products, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2008
- Clean Burn Fuels, LLC v. Purdue BioEnergy, LLC (In re Clean Burn Fuels, LLC)United States Bankruptcy Court, M.D. North Carolina · 2013
- Carlson v. Hughes (In Re Aldridge)United States Bankruptcy Court, W.D. Missouri · 1988
- Velde v. Border State Bank (In Re Hovdebray Enterprises)United States Bankruptcy Court, D. Minnesota · 2012
3 more not listed; retrieve them via the Exa API.