Legal Opinion
In Re: Cynthia Cohen, Debtor. Robert P. Abele, Trustee/movant v. Modern Financial Plans Services, Inc.
Court of Appeals for the Ninth Circuit
Decided August 20, 2002No. 01-16080PublishedCited by 40 opinions
1Opinion of the Court
TALLMAN, Circuit Judge.
In a case of first impression in this Circuit we are called upon to determine whether the person listed on the purchaser line of a cashier’s check exercises dominion over the funds for the purpose of determining who may be subject to a voidable preference in a bankruptcy adversary action. Robert P. Abele, the debtor’s Trustee, seeks to avoid a fraudulent transfer, under 11 U.S.C. § 548, which was made to settle a debt owed to appellee Modern Financial Plans Services (“Modern”) by the debtor’s husband. The debtor, Cynthia Cohen (“Cynthia”) assisted her husband by…
2Cases cited14 opinions
- Barnhill v. JohnsonSupreme Court of the United States · 1992
- Bonded Financial Services, Inc., Debtor-Appellant v. European American BankCourt of Appeals for the Seventh Circuit · 1988
- In Re Chase & Sanborn Corporation, F/k/a General Coffee Corporation, Debtors. Paul C. Nordberg, as Creditor Trustee v. Societe GeneraleCourt of Appeals for the Eleventh Circuit · 1988
- In Re: Danny Padilla, Debtor. William T. Neary, United States Trustee for Region 16 v. Danny PadillaCourt of Appeals for the Ninth Circuit · 2000
- In Re Bullion Reserve of North America, a California Corporation, Debtor. Curtis B. Danning, Chapter 7 Trustee v. Michael L. MillerCourt of Appeals for the Ninth Circuit · 1991
9 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Mano-Y & M, Ltd. v. Field (In Re Mortgage Store, Inc.)Court of Appeals for the Ninth Circuit · 2014
- Meoli v. Huntington National Bank (In Re Teleservices Group, Inc.)United States Bankruptcy Court, W.D. Michigan · 2012
- Gebhart v. GaughanCourt of Appeals for the Ninth Circuit · 2010
- In re Incomnet, Inc.Court of Appeals for the Ninth Circuit · 2006
- In Re Ann Marie Summers, Debtor. Richard J. Hanf, Chapter 7 Trustee v. Eugene Summers, and David Burchard, Chapter 13 Trustee for the Estate of Eugene Summers Ann Marie Summers Charles E. Sims, Chapter 7 Trustee for the Estate of Aurora SummersCourt of Appeals for the Ninth Circuit · 2003
35 more not listed; retrieve them via the Exa API.