Jubber v. Bank of Utah (In Re C.W. Mining Co.)
Court of Appeals for the Tenth Circuit
1Opinion of the Court
MURPHY, Circuit Judge.
I. Introduction
The Chapter 7 Trustee in this matter (the “Trustee”) filed a complaint with the bankruptcy court seeking to recover a post-petition transfer to the Bank of Utah (the “Bank”). The bankruptcy court granted summary judgment in favor of the Bank, concluding the Bank was a fully secured creditor and, thus, the transfer caused no damage to the Estate. After the Bankruptcy Appellate Panel (“BAP”) affirmed the ruling of the bankruptcy court, the Trustee brought this appeal.
Exercising jurisdiction pursuant to 28 U.S.C. § 158(d), we affirm the grant of summary…
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