Legal Opinion
McCuskey v. National Bank of Waterloo (In re Bohlen Enterprises, Ltd.)
Court of Appeals for the Eighth Circuit
Decided September 30, 1988No. Nos. 87-2413, 87-2442PublishedCited by 40 opinions
1Opinion of the Court
IRVING HILL, Senior District Judge.
In this opinion we reverse a judgment of the district court in a bankruptcy case because it erroneously applied the doctrine of “earmarking” to justify rejection of a claim that a transfer of funds to a pre-existing creditor was a voidable preference.
FACTS
Bohlen Enterprises Ltd. (“debtor”) was a retail office equipment business in Waterloo, Iowa. Mr. William F. Bohlen was its president. In late April 1986 the debtor owed two separate obligations to the National Bank of Waterloo, Iowa (“bank”). One obligation was a short-term inventory loan dating from…
2Cases cited11 opinions
- National Bank of Newport v. National Herkimer County Bank of Little FallsSupreme Court of the United States · 1912
- Grubb v. General Contract Purchase CorporationCourt of Appeals for the Second Circuit · 1938
- Robert J. BROWN, Trustee, Appellant, v. FIRST NATIONAL BANK OF LITTLE ROCK, ARKANSAS, Appellee. Ark-La Materials, Inc., DebtorCourt of Appeals for the First Circuit · 1984
- Smyth v. KaufmanCourt of Appeals for the Second Circuit · 1940
- Howdeshell of Ft. Myers v. Dunham-Bush, Inc. (In Re Howdeshell of Ft. Myers)United States Bankruptcy Court, M.D. Florida · 1985
6 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- In Re Kemp Pacific Fisheries, Inc.Court of Appeals for the Ninth Circuit · 1994
- Stingley v. AlliedSignal, Inc. (In Re Libby International, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2000
- Official Committee of Unsecured Creditors of Tousa, Inc. v. Citicorp North America, Inc. (In Re Tousa, Inc.)United States Bankruptcy Court, S.D. Florida. · 2009
- McGoldrick v. Juice Farms, Inc. (In Re Ludford Fruit Products, Inc.)United States Bankruptcy Court, C.D. California · 1989
- In Re Summit Airlines, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1988
35 more not listed; retrieve them via the Exa API.