Legal Opinion

Keller v. Keller (In Re Keller)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided August 17, 1995No. BAP No. CC-94-1850-VJO. Bankruptcy No. SA91-32957 JR. Adv. No. SA93-1264 JRPublishedCited by 21 opinions

1Opinion of the Court

OPINION

Before VOLINN, JONES and OLLASON, Bankruptcy Judges. VOLINN, Bankruptcy Judge:

OVERVIEW

The debtor’s former wife and her attorney appeal a summary judgment which concluded that transfer of certain proceeds from the sale of the family residence pursuant to post-dissolution orders by the Superior Court issued within 90 days of the debtor’s bankruptcy constituted an avoidable preference pursuant to 11 U.S.C. § 547. 1 We REVERSE the summary judgment.

FACTS AND PROCEEDINGS BELOW

The chapter 7 debtor is Allan Page Keller. Appellants are Jean R. Keller, the former wife, Toledano & Wald, and David…

2Cases cited9 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
  3. Susan J. Mayors v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1986
  4. Florida v. Ticor Title Insurance Co. of California (In Re Florida)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
  5. In the Matter of Cecilia May Paderewski (Bankrupt). C. J. Paderewski, and v. John H. Barrett, Oscar F. Irwin, and Lewis H. Silverberg, Co-Trustees AndCourt of Appeals for the Ninth Circuit · 1977

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3Cited by21 opinions

  1. Wolkowitz v. Beverly (In Re Beverly)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
  2. Anderson v. ConineCourt of Appeals for the Fifth Circuit · 2000
  3. Webster v. Hope (In Re Hope)District Court, District of Columbia · 1999
  4. Dumas v. Mantle (In re Mantle)Court of Appeals for the Ninth Circuit · 1998
  5. Gendreau v. Gendreau (In Re Gendreau)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996

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