Legal Opinion
Wittman v. State Farm Life Insurance (In Re Mills)
District Court, D. Kansas
Decided November 15, 1994No. Bankruptcy No. 92-41070-7. Adv. No. 93-7176. No. 94-4084-SACPublishedCited by 24 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
CROW, District Judge.
This bankruptcy appeal presents the following issue: Is there an unauthorized post-petition transfer under 11 U.S.C. § 549 when the debtor issues the cheek before filing for bankruptcy but the check is not honored by the drawee bank until after the filing? The trustee here commenced an adversary action to avoid the debtor’s transfer of $2,500 by check to State Farm Life Insurance Company, Inc. (“State Farm”) as an unauthorized postpetition transfer pursuant to 11 U.S.C. § 549. The intervenor appeals the bankruptcy court’s order granting summary…
2Cases cited7 opinions
- Barnhill v. JohnsonSupreme Court of the United States · 1992
- In Re: Russell Schwartz Linda Schwartz, Debtors. Russell Schwartz Linda Schwartz v. United StatesCourt of Appeals for the Ninth Circuit · 1992
- In Re Ronald Roete, Debtor (Appellee Below). Ronald Roete v. Charles Smith and Carol SmithCourt of Appeals for the Seventh Circuit · 1991
- Groupe v. Hill (In Re Hill)United States Bankruptcy Court, N.D. Illinois · 1993
- Quinn Wholesale, Inc. v. John A. Northen, Trustee in Bankruptcy for Gordon Foods, Inc.Court of Appeals for the Fourth Circuit · 1989
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Buckeye Check Cashing, Inc. v. Meadows (In Re Meadows)Bankruptcy Appellate Panel of the Sixth Circuit · 2008
- In Re DybalskiUnited States Bankruptcy Court, S.D. Indiana · 2004
- Franklin v. Kwik Cash of Martin (In Re Franklin)United States Bankruptcy Court, W.D. Tennessee · 2000
- Burtch v. Hydraquip, Inc. (In Re Mushroom Transportation Co.)United States Bankruptcy Court, E.D. Pennsylvania · 1998
- In Re JastremUnited States Bankruptcy Court, E.D. California · 1998
19 more not listed; retrieve them via the Exa API.