Legal Opinion
State Compensation Insurance Fund v. Zamora (In Re Silverman)
Court of Appeals for the Ninth Circuit
Decided August 12, 2010No. 08-56508PublishedCited by 42 opinions
1Opinion of the Court
OPINION
N.R. SMITH, Circuit Judge:
In this appeal, we are asked to resolve two novel questions: (1) whether district court decisions bind bankruptcy courts in other districts and (2) whether criminal restitution payments are recoverable by a trustee in bankruptcy as preferences under 11 U.S.C. § 547(b). We conclude that (1) district courts do not bind bankruptcy courts in other districts and (2) criminal restitution payments, so long as they otherwise meet the statutory requirements of § 547(b), are recoverable by a trustee as preferences.
I. Background
Jeffrey and Faye Silverman owned and…
2Cases cited12 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Kelly v. RobinsonSupreme Court of the United States · 1986
- Bankr. L. Rep. P 70,935 Vance L. Ragsdale v. John Frederick Haller AKA Fred HallerCourt of Appeals for the Ninth Circuit · 1986
- Rowe v. Educational Credit Management Corp.Court of Appeals for the Ninth Circuit · 2009
- Rosson v. Fitzgerald (In Re Rosson)Court of Appeals for the Ninth Circuit · 2008
7 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Picard Ex Rel. Bernard L. Madoff Investment Securities LLC v. Estate of Chais (In Re Bernard L. Madoff Investment Securities LLC)United States Bankruptcy Court, S.D. New York · 2011
- Picard v. Merkin (In Re Bernard L. Madoff Investment Securities LLC)United States Bankruptcy Court, S.D. New York · 2010
- In Re HillUnited States Bankruptcy Court, S.D. California · 2010
- Hopkins v. Asset Acceptance LLC (In Re Salgado-Nava)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- Lenore Albert-Sheridan v. State Bar of CaliforniaCourt of Appeals for the Ninth Circuit · 2020
37 more not listed; retrieve them via the Exa API.