Legal Opinion

In Re Smith's Home Furnishings, Inc., Debtor. Michael B. Batlan, Trustee v. Transamerica Commercial Finance Corporation

Court of Appeals for the Ninth Circuit

Decided September 13, 2001No. 99-35946PublishedCited by 28 opinions

1Opinion of the Court

CYNTHIA HOLCOMB HALL, Circuit Judge:

Plaintiff-appellant Michael Batían (“trustee”) appeals the district court’s judgment affirming the decision of the bankruptcy court. Batían filed an action to recover payments made by a chapter 11 debtor to defendant-appellee Transamerica Commercial Finance Corporation (“TCFC”). The bankruptcy court found that the payments were not avoidable transfers under 11 U.S.C. § 547(b). We agree with the bankruptcy court and the district court that the trustee did not satisfy his burden of showing that TCFC received a greater amount by virtue of the payments than it…

2Cases cited20 opinions

  1. In Re Bullion Reserve of North America, a California Corporation, Curtis B. Danning, Chapter 7 Trustee v. Theodore P. BozekCourt of Appeals for the Ninth Circuit · 1988
  2. National Bank of Newport v. National Herkimer County Bank of Little FallsSupreme Court of the United States · 1912
  3. In the Matter of Compton Corp., Debtor. Walter Kellogg, Trustee v. Blue Quail Energy, Inc., and Mbank Abilene, N.A.Court of Appeals for the Fifth Circuit · 1988
  4. 13 Collier bankr.cas.2d 1400, Bankr. L. Rep. P 70,902 in Re Lewis W. Shurtleff, Inc. And Frontier Properties, Inc., Debtors. Thomas D. Elliott, Trustee v. Frontier Properties/lp 102/meadow Glen Arms/79Court of Appeals for the Ninth Circuit · 1986
  5. In re PrescottCourt of Appeals for the Seventh Circuit · 1986

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3Cited by28 opinions

  1. In Re Roman Catholic Archbishop of Portland in Or.Court of Appeals for the Ninth Circuit · 2011
  2. In Re George E. Dawson and Barbara J. Dawson, Debtors. George Dawson and Barbara J. Dawson v. Washington Mutual Bank, F.A., Successor to Great Western BankCourt of Appeals for the Ninth Circuit · 2004
  3. Official Committee of Unsecured Creditors of Radnor Holdings Corp. v. Tennenbaum Capital Partners, LLC (In Re Radnor Holdings Corp.)United States Bankruptcy Court, D. Delaware · 2006
  4. Campbell v. Hanover Insurance (In Re ESA Environmental Specialists, Inc.)Court of Appeals for the Fourth Circuit · 2013
  5. United Rentals, Inc. v. AngellCourt of Appeals for the Fourth Circuit · 2010

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