Legal Opinion
Belfance v. Bushey (In Re Bushey)
Bankruptcy Appellate Panel of the Sixth Circuit
Decided July 21, 1997No. BAP 97-8015PublishedCited by 46 opinions
1Opinion of the Court
OPINION
On the ground that the Chapter 7 trustee lacked standing under 11 U.S.C. § 544(b) and Ohio fraudulent conveyance law, the bankruptcy court granted summary judgment to the defendants in this action to avoid the transfer of a residence by the debtor to her daughter. Because the bankruptcy court applied the wrong legal standard to determine standing to avoid a fraudulent conveyance under 11 U.S.C. § 544(b) and Ohio law, we reverse the grant of summary judgment and remand for further proceedings.
I. ISSUES ON APPEAL
There are four issues: (1) Whether the standing of a trustee to avoid a…
2Cases cited26 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Eastman Kodak Co. v. Image Technical Services, Inc.Supreme Court of the United States · 1992
- Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
- Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
- Roger Monette and Doris Monette v. Electronic Data Systems CorporationCourt of Appeals for the Sixth Circuit · 1996
21 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Menninger v. Accredited Home Lenders (In Re Morgeson)Bankruptcy Appellate Panel of the Sixth Circuit · 2007
- Mellon Bank, N.A. v. Vitanovich (In Re Vitanovich)Bankruptcy Appellate Panel of the Sixth Circuit · 2001
- Williams v. Marlar (In Re Marlar)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2000
- Janvey v. Democratic Senatorial Campaign Committee, Inc.Court of Appeals for the Fifth Circuit · 2013
- Wicheff v. Baumgart (In Re Wicheff)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
41 more not listed; retrieve them via the Exa API.