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Legal Opinion

Barber v. Dunbar (In Re Dunbar)

United States Bankruptcy Court, C.D. Illinois

Decided August 19, 2004No. 19-80264PublishedCited by 17 opinions

1Opinion of the Court

OPINION

THOMAS L. PERKINS, Bankruptcy Judge.

This matter came on for trial on the amended complaint filed by Richard Barber, as Chapter 7 Trustee (TRUSTEE) of the estate of James and Sandra Dunbar, the Debtors (individually referred to as JAMES or SANDRA and collectively referred to as the DEBTORS), against the DEBTORS and CNH Retirement Savings Plan (CNH PLAN), as Trustee of the 401(k) plan of James Dunbar, to avoid, as a fraudulent transfer, the prepetition repayment of a sizeable loan borrowed from JAMES’ 401(k) account.

FACTUAL AND PROCEDURAL BACKGROUND

JAMES has worked at Case New Holland…

2Cases cited18 opinions

  1. Raymond B. Yates, MD, PC Profit Sharing Plan v. HendonSupreme Court of the United States · 2004
  2. Reed v. ReedCourt of Appeals for the First Circuit · 1983
  3. Richard E. Barber, Chapter 7 Trustee for Ostrom-Martin, Inc. v. Golden Seed Company, Inc.Court of Appeals for the Seventh Circuit · 1997
  4. In Re Patricia G. CAREY, Debtor. MARINE MIDLAND BUSINESS LOANS, INC., Appellant, v. Patricia G. CAREY, AppelleeCourt of Appeals for the Tenth Circuit · 1991
  5. Bankr. L. Rep. P 73,583, 12 Ucc rep.serv.2d 549 in the Matter of Vitreous Steel Products Company, Debtor. Appeal of Lynn M. Miller, Trustee and Northern Indiana Public Service CompanyCourt of Appeals for the Seventh Circuit · 1990

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3Cited by17 opinions

  1. Greenspan v. Orrick, Herrington & Sutcliffe LLP (In Re Brobeck, Phleger & Harrison LLP)United States Bankruptcy Court, N.D. California · 2009
  2. Grochocinski v. Knippen (In Re Knippen)United States Bankruptcy Court, N.D. Illinois · 2006
  3. Grochocinski v. Schlossberg (In Re Eckert)United States Bankruptcy Court, N.D. Illinois · 2008
  4. Creditors' Committee of Jumer's, Castle Lodge, Inc. v. Jumer (In Re Jumer's Castle Lodge, Inc.)District Court, C.D. Illinois · 2006
  5. Manning v. Wallace (In Re First Financial Associates, Inc.)United States Bankruptcy Court, N.D. Indiana · 2007

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