Legal Opinion
Murray v. Louisiana State University Foundation (In Re Zohdi)
United States Bankruptcy Court, M.D. Louisiana
Decided June 7, 1999No. 19-10077PublishedCited by 20 opinions
1Opinion of the Court
RULING
LOUIS M. PHILLIPS, Bankruptcy Judge.
The issue before the Court, as best we can tell of first impression, is the proper interpretation of the Religious Freedom and Charitable Donation Protection Act of 1998 as it pertains to transfers avoidable under § 548 1 of the Bankruptcy Code. Does the “safe harbor” provision of § 548(a)(2) 2 allow a transferee to retain the portion of a pre-petition transfer that does not exceed 15 percent of the debtors gross income? For the reasons set forth herein, we find that if a transfer exceeds fifteen percent of the debtor’s gross income and is otherwise…
2Cases cited21 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
- Dewsnup v. TimmSupreme Court of the United States · 1992
16 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- The Universal Church v. Robert L. Geltzer, as Trustee of the Estate of Darnelle BoisrondCourt of Appeals for the Second Circuit · 2006
- Husky International Electronics, Inc. v. Ritz (In re Ritz)United States Bankruptcy Court, S.D. Texas · 2017
- Floyd v. Option One Mortgage Corp. (In Re Supplement Spot, LLC)United States Bankruptcy Court, S.D. Texas · 2009
- McHale v. Boulder Capital LLC (In Re 1031 Tax Group, LLC)United States Bankruptcy Court, S.D. New York · 2010
- Trustmark Nat'l Bank v. Tegeler (In re Tegeler)United States Bankruptcy Court, S.D. Texas · 2018
15 more not listed; retrieve them via the Exa API.