Legal Opinion

Lewis v. Kaelin (In Re Cresta Tech. Corp.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided April 6, 2018No. NC-17-1186-BSTaPublishedCited by 2 opinions

1Opinion of the Court

BRAND, Bankruptcy Judge:

This case brings to mind the adage: "No good deed goes unpunished." Appellant Matthew Lewis appeals a judgment under *226 §§ 549(a) 1 and 550(a)(1) avoiding a postpetition transfer of $10,000 as reimbursement for payment of the debtor's legal fees and ordering recovery of the funds from Lewis. The issue before the bankruptcy court was whether an ordinary check delivered to the creditor prepetition, but honored postpetition, was transferred on the date of delivery or honor for purposes of § 549(a). Relying on Barnhill v. Johnson , 503 U.S. 393 , 112 S.Ct. 1386 , 118 L.Ed.2d…

2Cases cited18 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Barnhill v. JohnsonSupreme Court of the United States · 1992
  4. Gold Coast Seed Co. v. Spokane Seed Co. (In Re Gold Coast Seed Co.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983
  5. United States v. Michael Stephen LancellottiCourt of Appeals for the Ninth Circuit · 1985

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3Cited by2 opinions

  1. In re: Leucadia Group, LLCUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2020
  2. In re: Paul A. MorabitoUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2020

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