Legal Opinion

Howell v. Bank of Newnan (In Re Summit Financial Services, Inc.)

United States Bankruptcy Court, N.D. Georgia

Decided October 5, 1999No. 19-51501PublishedCited by 7 opinions

1Opinion of the Court

ORDER

W. HOMER DRAKE, Bankruptcy-Judge.

This matter comes before the Court on Motion for Summary Judgment filed by the Defendant, The Bank of Newnan, in an adversary proceeding which the Chapter 7 Trustee commenced to recover allegedly preferential transfers and setoffs. Oral argument was heard on August 11, 1999. The issues involved in this controversy have been briefed by the litigants and three amicus curiae parties. 1 Having found this matter to constitute a core proceeding, see 28 U.S.C. § 157(b)(2)(F), the Court’s decision is based on the following.

Procedural History

First Citizens Bank…

2Cases cited48 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  4. Grogan v. GarnerSupreme Court of the United States · 1991
  5. Bill Clark Herbert Futch Austin Hurst Louis Sliker and William Barrineau v. Coats & Clark, Inc.Court of Appeals for the Eleventh Circuit · 1991

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3Cited by7 opinions

  1. In Re: William Dunlap Cannon Iii, Debtor. First Tennessee Bank, N.A. v. George W. Stevenson, Trustee for William Dunlap Cannon IIICourt of Appeals for the First Circuit · 2001
  2. Bailey v. Hazen (In Re Ogden)Bankruptcy Appellate Panel of the Tenth Circuit · 2000
  3. Clean Burn Fuels, LLC v. Purdue BioEnergy, LLC (In re Clean Burn Fuels, LLC)United States Bankruptcy Court, M.D. North Carolina · 2013
  4. Rosetta Stone Communications, LLC v. Gordon (In re Chambers)United States Bankruptcy Court, N.D. Georgia · 2013
  5. Kapila v. Media Buying, Inc. (In Re Ameri P.O.S. Inc.)United States Bankruptcy Court, S.D. Florida. · 2006

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