Legal Opinion
First Independence Capital Corp. v. Merrill Lynch Business Financial Services Inc. (In Re First Independence Capital Corp.)
Court of Appeals for the Sixth Circuit
Decided May 16, 2006No. 05-1618UnpublishedCited by 11 opinions
1Opinion of the Court
COOK, Circuit Judge.
Plaintiff First Independence Capital Corporation, having declared bankruptcy, seeks to recover under the Bankruptcy Code and Michigan law for various fraudulent transfers. After a trial, the bankruptcy court held that Merrill Lynch, a subsequent transferee, took the transfers for value, in good faith, and without knowledge of the transfers’ voidability, precluding First Independence’s recovery under the Bankruptcy Code. The bankruptcy court also held that the state law provisions on which First Independence relied did not create a cause of action. The district court…
2Cases cited12 opinions
- United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
- Bonded Financial Services, Inc., Debtor-Appellant v. European American BankCourt of Appeals for the Seventh Circuit · 1988
- Mutual Service Casualty Insurance Company, as Subrogee of Jo Daviess Services, Inc. v. Elizabeth State Bank, an Illinois State Chartered BankCourt of Appeals for the Seventh Circuit · 2001
- In Re Nordic Village, Inc., Debtor. Internal Revenue Service v. Nordic Village, Inc., David O. Simon, TrusteeCourt of Appeals for the Sixth Circuit · 1991
- Chouteau Auto Mart, Inc. v. First Bank of MissouriMissouri Court of Appeals · 2004
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Meoli v. Huntington National Bank (In Re Teleservices Group, Inc.)United States Bankruptcy Court, W.D. Michigan · 2012
- Meoli v. Huntington National Bank (In Re Teleservices Group, Inc.)United States Bankruptcy Court, W.D. Michigan · 2011
- Marcia Meoli v. The Huntington Nat'l BankCourt of Appeals for the Sixth Circuit · 2017
- Slone v. Anderson (In re Anderson)United States Bankruptcy Court, S.D. Ohio · 2013
- Kirschenbaum v. Leeds Morelli & Brown P.C. (In Re Robert Plan of New York Corp.)United States Bankruptcy Court, E.D. New York · 2011
6 more not listed; retrieve them via the Exa API.