Legal Opinion
Tavenner v. Smoot
Court of Appeals for the Fourth Circuit
Decided July 16, 2001No. 00-1912PublishedCited by 54 opinions
1Opinion of the Court
Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge WILKINS and Chief Judge KEELEY joined.
OPINION
DIANA GRIBBON MOTZ, Circuit Judge:
In this case we must resolve whether a bankruptcy trustee can avoid a transfer of potentially exempt property on the ground that the debtor transferred the property with the intent to hinder, delay, or defraud his creditors under 11 U.S.C. § 548 (1994). For the reasons that follow, we conclude that the trustee may do so.
I
The parties agree on the essential facts. In 1978, Kenneth Smoot began working for CSX Transportation in Virginia. As a…
2Cases cited10 opinions
- In the Matter of Harold Paul Chastant, Jr., Debtor. Felix Octave Pavy v. Harold Paul Chastant, Jr.Court of Appeals for the Fifth Circuit · 1989
- In Re Alan Bernard, Linda Bernard, Debtors. Alan Bernard, Linda Bernard v. Clement Sheaffer, Mary SheafferCourt of Appeals for the Ninth Circuit · 1996
- In Re Don Young Davis, Debtor. Don Young Davis v. Roe J. DavisCourt of Appeals for the Eleventh Circuit · 1990
- Lasich v. Estate of Wickstrom (In Re Wickstrom)United States Bankruptcy Court, W.D. Michigan · 1990
- Hyman v. Porter (In Re Porter)United States Bankruptcy Court, E.D. Virginia · 1984
5 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Ingalls v. Erlewine (In Re Erlewine)Court of Appeals for the Fifth Circuit · 2003
- In Re OBrienUnited States Bankruptcy Court, W.D. Michigan · 2011
- Phillips v. Congelton, L.L.C. (In Re White Mountain Mining Co.)Court of Appeals for the Fourth Circuit · 2005
- Bear, Stearns Securities Corp. v. GreddDistrict Court, S.D. New York · 2002
- Hasse v. Rainsdon (In Re Pringle)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
49 more not listed; retrieve them via the Exa API.