Legal Opinion

In the Matter of Corland Corporation, Debtor. James L. Stephenson, and United Bank, N.A., Cross-Appellees v. Duke Salisbury, Cross-Appellant

Court of Appeals for the Fifth Circuit

Decided August 12, 1992No. 91-1820PublishedCited by 33 opinions

1Opinion of the Court

W. EUGENE DAVIS, Circuit Judge:

Appellants appeal the district court’s judgment allowing the bankruptcy trustee to avoid a postpetition transfer of property of the estate and denying appellant Stephenson a setoff. Because we conclude that the transfer was a third-party payment on a guaranty and did not involve property of the estate, we reverse on both issues and remand for further proceedings. The Trustee cross-appeals the admission of certain evidence and the denial of leave to amend his complaint; we find no error and affirm the judgment on both these issues.

I

In 1980 the First National Bank…

2Cases cited21 opinions

  1. John W. Dussouy, Jr. v. Gulf Coast Investment CorporationCourt of Appeals for the Fifth Circuit · 1981
  2. In the Matter of Consolidated Bancshares, Inc., D/B/A Consolidated Investors, Inc., Debtor. Pierson & Gaylen, Ray & Terrell & Grubbs, Cross- v Creel & Atwood and Jack Bryant, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1986
  3. Fidelity Financial Corporation v. Federal Home Loan Bank of San Francisco, Milton Feinerman, President of the Federal Home Loan Bank of S.F.Court of Appeals for the Ninth Circuit · 1986
  4. Richard Lucas v. United States of America, Richard Lucas, Cross-Appellees v. United States of America, Cross-AppellantCourt of Appeals for the Fifth Circuit · 1986
  5. Bankr. L. Rep. P 71,434 Coral Petroleum, Inc. v. Banque Paribas-LondonCourt of Appeals for the Fifth Circuit · 1986

16 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Photo Mechanical Services, Inc. v. E.I. DuPont De Nemours & Co. (In Re Photo Mechanical Services, Inc.)United States Bankruptcy Court, D. Minnesota · 1995
  2. United States v. Insurance Company of North AmericaCourt of Appeals for the D.C. Circuit · 1996
  3. Wheeling-Pittsburgh Steel Corp. v. RowingWest Virginia Supreme Court · 1999
  4. Electric Mobility Corp. v. Bourns Sensors/Controls, Inc.District Court, D. New Jersey · 2000
  5. Gowan v. Lefkas General Partners No. 1017 (In Re Lefkas General Partners No. 1017)District Court, N.D. Illinois · 1993

28 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API