Legal Opinion

Fairweather v. Monument Bank (In re Fairweather)

United States Bankruptcy Court, D. Maryland

Decided July 31, 2014No. Bankruptcy No. 14-20847-TJC; Adversary No. 14-00435PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

THOMAS J. CATLIOTA, Bankruptcy Judge.

The debtor, Jane L. Fairweather (the “Debtor”), brought a six count complaint seeking to recover, among other things, *210commissions from real estate sales that were garnished by Monument Bank (the “Bank”) from the real estate agency with which the Debtor is affiliated. Two issues are addressed here: (1) whether the Bank received a transfer, as that term is used in 11 U.S.C. § 547(b), when its garnishment lien attached to commissions that became due to the Debtor during the 90-day preference period before the petition was filed; and (2)…

2Cases cited19 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
  3. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  4. Kokoszka v. BelfordSupreme Court of the United States · 1974
  5. United States v. MortonSupreme Court of the United States · 1984

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

3Cited by3 opinions

  1. Conrad v. SchlossbergDistrict Court, D. Maryland · 2016
  2. Weinman v. Alternative Revenue Systems, Inc. (In re Stevens)District Court, D. Colorado · 2016
  3. Wyatt-Burrows v. Linkus Investments LLCUnited States Bankruptcy Court, D. Maryland · 2025

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