Legal Opinion
Edwin C. Eberly and Elsie Eberly, Husband and Wife v. Frank A. Dudley, as Trustee of the Estate of Duvall's, Inc., Bankrupt
Court of Appeals for the Ninth Circuit
Decided December 11, 1962No. 17758_1PublishedCited by 19 opinions
1Opinion of the Court
HAMLEY, Circuit Judge.
This is an action by a trustee in bankruptcy to recover the value of property alleged to have been received by defendants as a preferential transfer, voidable under section 60 of the Bankruptcy Act (Act), 11 U.S.C. § 96. Judgment in the sum of $17,000 was entered for plaintiff and defendants appeal.
The district court found and concluded that there was a transfer by the bankrupt to appellants at a time when the bankrupt was insolvent, that the transfer was preferential, and that appellants had reasonable cause to believe that the bankrupt was insolvent at the time the…
2Cases cited12 opinions
- Thompson v. FairbanksSupreme Court of the United States · 1905
- McKenzie v. Irving Trust Co.Supreme Court of the United States · 1945
- Corn Exchange National Bank & Trust Co. v. KlauderSupreme Court of the United States · 1943
- D. K. Porter, Trustee in Bankruptcy of Abe Greenband v. Woodey B. Searle and Edlean E. SearleCourt of Appeals for the Tenth Circuit · 1955
- First Nat. Bank of Burns v. FrazierOregon Supreme Court · 1933
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Grogan v. Chesebrough-Ponds, Inc. (In Re Advance Glove Manufacturing Co.)United States Bankruptcy Court, E.D. Michigan · 1982
- Blumin v. EllisDistrict Court of Appeal of Florida · 1966
- General Electric Credit Corp. v. R. A. Heintz Construction Co.District Court, D. Oregon · 1969
- Diamond National Corporation v. Dale Lee, Trustee in BankruptcyCourt of Appeals for the Ninth Circuit · 1964
- MacK v. Bank of LansingDistrict Court, W.D. Michigan · 1975
14 more not listed; retrieve them via the Exa API.