Legal Opinion

Sticka v. Mellon Bank (DE) Natl. Assoc. (In Re Martin)

United States Bankruptcy Court, D. Oregon

Decided February 25, 1994No. 19-06006PublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM OPINION

POLLY S. HIGDON, Bankruptcy Judge.

This matter is before the court on cross-motions for summary judgment. The chapter 7 trustee claims that the Mellon Bank (hereinafter “Mellon”) made an unauthorized postpetition transfer under 11 U.S.C. § 549 of estate property consisting of funds in a bank account. Mellon answered that prepet-ition the debtors (hereinafter “Martins”) had executed an absolute irrevocable assignment in its favor of their interest in the claimed fund.

At the time of oral argument on the motions for summary judgment this court asked the parties for certain…

2Cases cited51 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  3. Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
  4. Segal v. RochelleSupreme Court of the United States · 1966
  5. Kokoszka v. BelfordSupreme Court of the United States · 1974

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3Cited by15 opinions

  1. United States v. Gould (In Re Gould)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
  2. Houston v. Eiler (In Re Cohen)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
  3. Lyle v. Santa Clara County Department of Child Support Services (In Re Lyle)United States Bankruptcy Court, N.D. California · 2005
  4. In Re RichardsonUnited States Bankruptcy Court, S.D. Ohio · 1997
  5. Wachovia Bank of Georgia, N.A. v. Vacuum Corp. (In Re Vacuum Corp.)United States Bankruptcy Court, N.D. Georgia · 1997

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