Legal Opinion

Daniel W. Allen, Sr. v.

Court of Appeals for the Third Circuit

Decided September 26, 2014No. 13-3543PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

FISHER, Circuit Judge.

Although the facts of this case include details of money transfers and offshore asset protection trusts in sunny South Pacific locales, its ultimate resolution involves nothing more exotic than the interpretation of the Bankruptcy Code. We consider the Code’s provisions defining the property of a bankruptcy estate and determine what is required for a trustee to “recover” that property for the benefit of the estate, as provided in 11 U.S.C. § 550. The property at issue here is $6 million that was fraudulently transferred by Appellant Advanced…

2Cases cited15 opinions

  1. United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
  2. Princess Lida of Thurn and Taxis v. ThompsonSupreme Court of the United States · 1939
  3. Central Virginia Community College v. KatzSupreme Court of the United States · 2006
  4. In Re Mortgageamerica Corporation, Debtor. The American National Bank of Austin v. Mortgageamerica CorporationCourt of Appeals for the Fifth Circuit · 1983
  5. Barry Brown Jolie Stahl, as They Are Trustees of the Long Bay Trust v. Leo Francis, as He is the Commissioner of the Department of Public Works Delma G. Hodge, as She is the Commissioner of the Department of Property and Procurement of the Government of the Virgin Islands Government of the Virgin Islands of the United States of America (d.c. No. 92-Cv-00081). Government of the Virgin Islands v. 0.459 Acres of Land Consisting of Following: Parcel No. 6a Estate Thomas Kings Quarter and Parcel No. 9a Estate Thomas, Virgin Islands Long Bay Trust (d.c. No. 93-Cv-00059), Leo Francis, as He is the Commissioner of the Department of Public Works Delma G. Hodge, as She is the Commissioner of the Government of the Virgin Islands Government of the Virgin Islands of the United States of AmericaCourt of Appeals for the Third Circuit · 1996

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3Cited by10 opinions

  1. Garth F. Lansaw v.Court of Appeals for the Third Circuit · 2017
  2. Philadelphia Entertainment & Development Partners, L.P. v. Pennsylvania Department of Revenue (In re Philadelphia Entertainment & Development Partners, L.P.)United States Bankruptcy Court, E.D. Pennsylvania · 2016
  3. In re La Paloma Generating Co.United States Bankruptcy Court, D. Delaware · 2018
  4. Bank of N.Y. Mellon v. DeMatteisAppellate Division of the Supreme Court of the State of New York · 2023
  5. Kelley v. Opportunity Finance, LLC (In re Petters Co.)United States Bankruptcy Court, D. Minnesota · 2016

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