Legal Opinion

LaBarge v. Benda (In Re Merrifield)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided November 21, 1997No. BAP 97-6043PublishedCited by 43 opinions

1Opinion of the Court

KRESSEL, Bankruptcy Judge.

The debtor, Caryn Merrifield, appeals an order of the bankruptcy court 1 denying her request to avoid a pre-petition transfer pursuant to 11 U.S.C. § 548. Since we conclude that the debtor lacks standing, we dismiss her appeal.

BACKGROUND

The debtor filed a Chapter 13 case on April 9, 1996. On February 10, 1997, she filed a complaint against John Benda, alleging that her pre-petition transfer to him of a condominium unit was fraudulent in fact under 11 U.S.C. § 548(a)(1), and was for less than reasonably equivalent value under § 548(a)(2). The bankruptcy court granted…

2Cases cited15 opinions

  1. In the Matter of Harry Fondiller, Debtor. Rosalyn Fondiller v. Jerome E. RobertsonCourt of Appeals for the Ninth Circuit · 1983
  2. In Re El San Juan Hotel, Debtor, Appeal of Hector M. Rodriguez-EstradaCourt of Appeals for the First Circuit · 1987
  3. Einoder v. Mount Greenwood Bank (In Re Einoder)United States Bankruptcy Court, N.D. Illinois · 1985
  4. Hansen v. Finn (In Re Curry & Sorensen, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
  5. Realty Portfolio, Inc. v. HamiltonCourt of Appeals for the Fifth Circuit · 1997

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3Cited by43 opinions

  1. Eicher v. Mid America Financial Investment Corp.Nebraska Supreme Court · 2005
  2. Cambridge Tempositions, Inc. v. Cassis (In Re Cassis)United States Bankruptcy Court, N.D. Iowa · 1998
  3. Kieffer v. Riske (In Re Kieffer-Mickes, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1998
  4. Wade v. Midwest Acceptance Corp. (In Re Wade)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1998
  5. Buckeye Check Cashing, Inc. v. Meadows (In Re Meadows)Bankruptcy Appellate Panel of the Sixth Circuit · 2008

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

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