Legal Opinion
Haley v. Barclays Bank Delaware (In re Carter)
United States Bankruptcy Court, D. Arizona
Decided March 3, 2014No. Bankruptcy No. 2:12-bk-16174-RJH; Adversary No. 2:13-ap-00412-RJHPublishedCited by 14 opinions
1Opinion of the Court
OPINION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
RANDOLPH J. HAINES, Chief Judge.
On cross-motions for summary judgment, the issues are whether the Debtors’ payments on their credit card within the preference period were made in the ordinary course of business, and the extent to which the Trustee’s preference action is subject to a subsequent new value defense.
Background Facts
Debtors Travis and Mary Carter filed Chapter 71 on July 19, 2012. During the 90 days prior to the petition date, the Debtors paid a total of $10,868.58 on their credit card account with Barclays Bank…
2Cases cited8 opinions
- Stern v. MarshallSupreme Court of the United States · 2011
- Executive Benefits Insurance Agency v. ArkisonCourt of Appeals for the Ninth Circuit · 2012
- National Bank of Arizona v. ThrustonCourt of Appeals of Arizona · 2008
- Hasse v. Rainsdon (In Re Pringle)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
- 97 Cal. Daily Op. Serv. 5741, 97 Daily Journal D.A.R. 9238 Estate of Gianna Blue Martha Wright-Cox, Individually and as Guardian Ad Litem for Shauntonese Burris, Nakiya Brady and Lequan Buyard, Minors Wil Wright Gregory Johnson Eric Collins Terrel Bealey Londell Henderson Barry Hawes v. County of Los Angeles, a Public Entity Sherman T. Block, Sheriff, Individually and as Sheriff of the County of Los Angeles William Christiansen, Lieutenant of the Sheriff's Department of Los Angeles County Irwin Golden Shannon Laren, Thomas Drake, Individually and in Their Official Capacities as Los Angeles County Sheriff's DeputiesCourt of Appeals for the Ninth Circuit · 1997
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Kapila v. SunTrust Mortgage, Inc. (In re Pearlman)United States Bankruptcy Court, M.D. Florida · 2014
- Reid v. Wolf (In re Wolf)United States Bankruptcy Court, N.D. Illinois · 2018
- True Traditions, LC v. WuDistrict Court, N.D. California · 2015
- Slobodian v. United States of America Internal Revenue ServiceCourt of Appeals for the Third Circuit · 2016
- Conti v. Perdue Bioenergy, LLC (In re Clean Burn Fuels, LLC)United States Bankruptcy Court, M.D. North Carolina · 2015
9 more not listed; retrieve them via the Exa API.