Legal Opinion
Graulty v. Brooks
Court of Appeals for the Ninth Circuit
Decided June 4, 1987No. 86-1825PublishedCited by 3 opinions
1Opinion of the Court
BRUNETTI, Circuit Judge:
Overview
Brooks invested funds with the debtor company. She made three deposits and three withdrawals in 1983. The trustee sought to recover Brooks’ last $3,000 withdrawal as a preference under 11 U.S.C. § 547(b). When Brooks refused to return the money to the bankruptcy estate, the trustee filed an adversary proceeding in the District Court. The District Court granted the trustee’s motion for summary judgment, holding that the $3,000 payment was a voidable preference that did not fall within the exception established by 11 U.S.C. § 547(c) for transactions within the…
2Cases cited5 opinions
- David D. Darring v. Larry Kincheloe, Superintendent of the Washington State PenitentiaryCourt of Appeals for the Ninth Circuit · 1986
- Edward Ashton v. Kenneth CoryCourt of Appeals for the Ninth Circuit · 1986
- Merrill v. Abbott (In Re Independent Clearing House Co.)United States Bankruptcy Court, D. Utah · 1984
- Henderson v. Allred (In Re Western World Funding, Inc.)United States Bankruptcy Court, D. Nevada · 1985
- Ledford v. Fort Hamilton Hughes Memorial Hospital Center (In re Mobley)United States Bankruptcy Court, S.D. Ohio · 1981
3Cited by3 opinions
- In Re Hedged-Investments Associates, Inc., Debtor. Harvey Sender, Trustee v. The Nancy Elizabeth R. Heggland Family Trust, and Radoy W. HegglandCourt of Appeals for the Tenth Circuit · 1995
- 16 Collier bankr.cas.2d 1394, Bankr. L. Rep. P 71,821 in the Matter of Bishop, Baldwin, Rewald, Dillingham & Wong, Inc., a Hawaii Corporation, Debtor. Reynaldo D. Graulty, Trustee, of Bishop, Baldwin, Rewald, Dillingham & Wong, Inc., and Not Individually v. Cynthia Michelle BrooksCourt of Appeals for the Ninth Circuit · 1987
- Breeden v. Northeast Binding Systems (In Re Bennett Funding Group, Inc.)United States Bankruptcy Court, N.D. New York · 2000