Legal Opinion
In the Matter of Maple Mortgage, Inc., Debtor. John James Jenkins, Trustee for Maple Mortgage, Inc. v. Chase Home Mortgage Corporation
Court of Appeals for the Fifth Circuit
Decided April 30, 1996No. 95-10491PublishedCited by 49 opinions
1Opinion of the Court
STEWART, Circuit Judge:
Jenkins, trustee for Maple Mortgage (Maple) appeals from a judgment dismissing its claim that a payment to Chase Home Mortgage Corporation (Chase) was either preferential or fraudulent and thus avoidable under 11 U.S.C. § 547 or 11 U.S.C. § 548. Because we conclude that Maple had only legal title to the funds in question and no equitable interest in them, we AFFIRM the district court’s grant of summary judgment to Chase.
FACTS
On December 2, 1988, debtor Maple entered into a Mortgage Servicing Purchase and Sale Agreement with Chase. Maple agreed to purchase the servicing…
2Cases cited6 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
- Matter of Haber Oil Co., Inc.Court of Appeals for the Fifth Circuit · 1994
- In the Matter of Oxford Management, Inc., Debtor. Michael Chiasson, Trustee of Chapter 7 Bankruptcy Estate of Oxford Management, Inc. v. J. Louis Matherne and Associates, in the Matter of Oxford Management Inc., Debtor. Michael Chiasson, Trustee of Chapter 7 Bankruptcy Estate of Oxford Management, Inc. v. Katherine A. BinglerCourt of Appeals for the Fifth Circuit · 1993
- In the Matter of Southmark Corporation, Debtor. Southmark Corporation v. Joseph GroszCourt of Appeals for the Fifth Circuit · 1995
1 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Swinehart v. Stubbeman, McRae, Sealy, Laughlin & Browder, Inc., Texas Court of Appeals, 14th District (Houston)2001
- Cassirer v. Herskowitz (In Re Schick)United States Bankruptcy Court, S.D. New York · 1999
- In Re Tri-City Turf Club, Inc., Debtor. Phaedra Spradlin, Trustee-Appellant v. Philip D. Jarvis, Nci Building Systems, L.P., Movant-AppelleeCourt of Appeals for the Sixth Circuit · 2003
- Stettner v. Smith (In Re IFS Financial Corp.)Court of Appeals for the Fifth Circuit · 2012
- Gaudet v. Babin (In Re Zedda)Court of Appeals for the Fifth Circuit · 1997
44 more not listed; retrieve them via the Exa API.