Legal Opinion
Joseph v. Dillard's, Inc.
Court of Appeals for the Ninth Circuit
Decided October 3, 2005No. 03-55500, 03-55501; D.C. No. CV-02-04782-MLR, CV-02-07683-MLRPublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM *
James J. Joseph, the trustee in bankruptcy (the Trustee) for ETM Entertainment Network, Inc., appeals the district court’s affirmance of the bankruptcy court’s grant of summary judgment to Dillard’s, Inc., and Dillard Store Services, Inc. (collectively Dillard’s) on the Trustee’s preference and breach of contract claims against Dillard’s. We affirm.(1) Primarily, the Trustee asserts that Dillard’s received a preference because it set off its claims for fees arising out of its contract with ETM against ETM’s claim for ticket sale proceeds under the same contract. The Trustee relies…
2Cases cited9 opinions
- Reiter v. CooperSupreme Court of the United States · 1993
- In Re B & L Oil Company, Debtor, Ashland Petroleum Company v. Garry R. Appel, Trustee for B & L Oil CompanyCourt of Appeals for the Tenth Circuit · 1986
- In Re the Select-A-Seat Corporation, an Arizona Corporation, Debtors. Fenix Cattle Company v. Warren M. Silver, TrusteeCourt of Appeals for the Ninth Circuit · 1980
- In Re: Tlc Hospitals, Inc., a California Corporation, Debtor. Charles Sims v. United States Department of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 2000
- Alfred Crawford Daniel Carrasco Jerry Parker v. Russell S. Gould William Mayer, (Two Cases)Court of Appeals for the Ninth Circuit · 1995
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Altanatural Corp. v. New Invs. Inc.District Court, W.D. Washington · 2018