Legal Opinion

Cullen Center Bank & Trust v. Hensley (In Re Criswell)

Court of Appeals for the Fifth Circuit

Decided January 9, 1997No. 96-20021PublishedCited by 58 opinions

1Opinion of the Court

WIENER, Circuit Judge:

In this bankruptcy case, both Appel-lanf/Cross Appellee Nelson . T. Hensley, Trustee of the Estate of John Leo . Criswell, (the trustee) and Appellee/Cross Appellant Cullen Center Bank & Trust, now known as Frost National Bank, NA.., (Cullen) appeal from a district court decision affirming in part and reversing in part a bankruptcy court grant of summary judgment. In its decision, the district court (1) affirmed the bankruptcy court’s finding that Cullen’s filing of a judicial lien constituted an avoidable preference under 11 U.S.C. § 547(b) but (2) reversed and remanded…

2Cases cited10 opinions

  1. Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
  2. In Re Mortgageamerica Corporation, Debtor. The American National Bank of Austin v. Mortgageamerica CorporationCourt of Appeals for the Fifth Circuit · 1983
  3. Faye Brandon v. Interfirst Corporation, and John Hancock Mutual Life Insurance CompanyCourt of Appeals for the First Circuit · 1988
  4. In Re First Security Mortgage Company, Debtor. Patrick J. Malloy, Iii, Trustee v. Citizens Bank of SapulpaCourt of Appeals for the First Circuit · 1994
  5. McMurtray v. HolladayCourt of Appeals for the Fifth Circuit · 1993

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3Cited by58 opinions

  1. Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.)Court of Appeals for the Fifth Circuit · 1999
  2. Southmark Corp. v. Coopers & LybrandCourt of Appeals for the Fifth Circuit · 1999
  3. In Re: Cybergenics Corporation, Debtor the Official Committee of Unsecured Creditors of Cybergenics Corporation, on Behalf of Cybergenics Corporation, Debtor in Possession v. Scott Chinery L&s Research Corporation First Union National Bank of North Carolina Banque Indosuez Sunamerica Life Insurance Company Lincolnshire Management Inc Lincolnshire Equity Fund, L.PCourt of Appeals for the First Circuit · 2000
  4. In Re Betty I. French, Debtor. Randy Lee French Donna Marie Shaka v. George W. Liebmann, Trustee-AppelleeCourt of Appeals for the Fourth Circuit · 2006
  5. Think3 Litigation Trust v. Zuccarello (In re Think3, Inc.)United States Bankruptcy Court, W.D. Texas · 2015

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