Legal Opinion

Seaver v. Glasser (In re Top Hat 430, Inc.)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided June 12, 2017No. Nos. 16-6034 and 16-6035PublishedCited by 2 opinions

1Opinion of the Court

FEDERMAN, Bankruptcy Judge

Randall L. Seaver, Chapter 7 Trustee in the bankruptcy case of Top Hat 430, Inc., filed suit against Pennie Glasser, seeking to recover from her, as a preference, a payment made by the Debtor to her. Since the payment was made more than ninety days, but less than one year, prior to its filing bankruptcy, the Trustee can only prevail if Ms. Glasser is found to have been an insider of the Debtor at the time of payment. Ms. Glasser is the former wife of an insider of the Debtor, as well as a minor investor and employee of the Debtor at the time of payment. The…

2Cases cited13 opinions

  1. Schubert v. Lucent Technologies Inc. (In Re Winstar Communications, Inc.)Court of Appeals for the Third Circuit · 2009
  2. In the Matter of Arthur D. And Patricia Newcomb, Debtors. Thomas J. Carlson, Trustee v. Farmers Home AdministrationCourt of Appeals for the Eighth Circuit · 1984
  3. Addison v. SeaverCourt of Appeals for the Eighth Circuit · 2008
  4. OHC Liquidation Trust v. Credit Suisse First Boston (In Re Oakwood Homes Corp.)United States Bankruptcy Court, D. Delaware · 2006
  5. Anstine v. Carl Zeiss Meditec AG (In Re U.S. Medical, Inc.)Court of Appeals for the Tenth Circuit · 2008

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3Cited by2 opinions

  1. Ahlgren, Trustee v. JohnsonUnited States Bankruptcy Court, D. North Dakota · 2020
  2. Halperin v. WillsDistrict Court, N.D. Texas · 2024

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