Legal Opinion

Atna Liquidating Trust v. Black Diamond Blade Co. (In re Atna Res., Inc.)

United States Bankruptcy Court, D. Colorado

Decided March 23, 2018No. Case No. 15-22848-JGR (Jointly Administered); Adversary Case No. 17-1156Published

1Opinion of the Court

Joseph G. Rosania, Jr., United States Bankruptcy Judge

For over two hundred years the concept of equality in treatment of creditors has been viewed as the most important principle of American bankruptcy law, rivaled only by the concept of a fresh start for honest but unfortunate debtors. Creditor equality was given a ringing endorsement in the influential 1807 case of Locke v. Winning , 3 Mass. 325 (Mass. 1807). The concept of recovery of preferential transfers was found in the 1841, 1867 and 1898 Bankruptcy Acts.

Procedural Background

Plaintiff Atna Liquidating Trust, Kenneth J. Buechler,…

2Cases cited10 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Whitesel v. Jefferson CountyCourt of Appeals for the Tenth Circuit · 2000
  3. In Re M & L Business Machine Company, Inc.Court of Appeals for the Tenth Circuit · 1996
  4. Thomas G. Lovett, Jr., Trustee for Transportation Systems International, Inc. v. St. Johnsbury TruckingCourt of Appeals for the Eighth Circuit · 1991
  5. Payne v. Clarendon National Insurance (In Re Sunset Sales, Inc.)Bankruptcy Appellate Panel of the Tenth Circuit · 1998

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