Legal Opinion

L. Edmund Cates v. United States Bankruptcy Court for the District of Colorado

Bankruptcy Appellate Panel of the Tenth Circuit

Decided August 24, 2018No. 17-47Published

1Opinion of the Court

JACOBVITZ, Bankruptcy Judge.

Diann Marie Cates filed a voluntary petition under Chapter 7 of the Bankruptcy Code on August 11, 2015 (the "Petition Date"). Jared Walters, the Chapter 7 Trustee (the "Chapter 7 Trustee") filed an adversary proceeding against L. Edmund Cates and Jann Redele Cates ("Edmund and Jann Cates") to recover a preferential transfer pursuant to 11 U.S.C. § 547 to avoid a deed of trust granted in favor of Edmund and Jann Cates. 1 Edmund and Jann Cates and the Chapter 7 Trustee filed cross motions for summary judgment on the issue of when the transfer in question occurred for…

2Cases cited29 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Barnhill v. JohnsonSupreme Court of the United States · 1992
  3. Richison v. Ernest Group, Inc.Court of Appeals for the Tenth Circuit · 2011
  4. Virginia Beach Federal Savings & Loan Ass'n v. WoodCourt of Appeals for the Tenth Circuit · 1990
  5. McKenzie v. Irving Trust Co.Supreme Court of the United States · 1945

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