Legal Opinion
Callaway v. Memo Money Order Co.
District Court, E.D. North Carolina
Decided January 16, 2008No. 5:07-CV-306-DPublishedCited by 1 opinion
1Opinion of the Court
ORDER
JAMES C. DEVER III, District Judge.
Joseph N. Callaway, the trustee in bankruptcy for Davis’ IGA, Inc., appeals from the judgment of the United States Bank*652ruptcy Court for the Eastern District of North Carolina, which held that the North Carolina Money Transmitters Act, N.C. Gen.Stat. § 53-208.1 et seq., (“NCMTA”) creates a floating trust that eliminates the need for a claimant to trace trust funds within a bankruptcy estate. On January 10, 2008, the court held oral argument. As discussed below, the bankruptcy court erred when it concluded that the NCMTA eliminates a federally-mandated…
2Cases cited19 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Singleton v. WulffSupreme Court of the United States · 1976
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
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3Cited by1 opinion
- Blackhawk Network, Inc. v. Alco Stores, Inc. (In re Alco Stores, Inc.)United States Bankruptcy Court, N.D. Texas · 2015