Legal Opinion

Meeks v. Don Howard Charitable Remainder Trust (In Re Southern Health Care of Arkansas, Inc.)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided May 10, 2004No. 03-6077EAPublishedCited by 21 opinions

1Opinion of the Court

VENTERS, Bankruptcy Judge.

This is an appeal from an order of the bankruptcy court 1 holding that Southern Health Care of Arkansas, Inc. (“Debtor”) did not receive reasonable equivalent value for payments it made on a mortgage note to the Don Howard Charitable Remainder Trust (“CRT”) and that CRT was hable to William S. Meeks, the Chapter 7 trustee, for $121,918.58 in avoidable transfers under 11 U.S.C. § § 548 and 550. For the reasons stated below, we affirm.

I. STANDARD OF REVIEW

“Findings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous,…

2Cases cited7 opinions

  1. In Re Ozark Restaurant Equipment Co. Inc. Jill R. Jacoway, Trustee v. Bruce Anderson, Elmer Dale Yancey, Kenneth Eads, Robert Whiteley, and Anderson Cajun's Wharf, Jill R. Jacoway, Trustee v. Anderson Cajun's Wharf, Jill R. Jacoway, Trustee v. Hayden McIlroy of McIlroy Bank and Trust, Ed Yancey, Bruce Anderson, Kenneth EadsCourt of Appeals for the Eighth Circuit · 1988
  2. Pummill v. Greensfelder, Hemker & Gale (In Re Richards & Conover Steel, Co.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001
  3. In Re YoungCourt of Appeals for the Seventh Circuit · 1996
  4. In Re Oxford Development, Ltd., Debtor. C.T. Development Corporation v. Gary D. Barnes, Trustee Canterbury Trails Home Association Bank of OdessaCourt of Appeals for the Eighth Circuit · 1995
  5. City of Sioux City v. Midland Marina, Inc. (In Re Midland Marina, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001

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3Cited by21 opinions

  1. Slone v. Lassiter (In Re Grove-Merritt)United States Bankruptcy Court, S.D. Ohio · 2009
  2. Stoebner v. Ritchie Capital Management, L.L.C. (In re Polaroid Corp.)United States Bankruptcy Court, D. Minnesota · 2012
  3. Kaler Ex Rel. Kendall v. Able Debt Settlement, Inc. (In Re Kendall)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2010
  4. Hasse v. Rainsdon (In Re Pringle)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
  5. Lindquist v. JNG Corp. (In Re Lindell)United States Bankruptcy Court, D. Minnesota · 2005

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

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