Legal Opinion
Berry F. Laws, Iii, Trustee v. United Missouri Bank of Kansas City, N.A., the Missouri Bankers Association, Amicus Curiae
Court of Appeals for the Eighth Circuit
Decided November 26, 1996No. 95-3872PublishedCited by 26 opinions
1Opinion of the Court
LOKEN, Circuit Judge.
On October 20,1986, Kroh Brothers Development Company (“Kroh”) wire transferred $4 million into its checking account at United Missouri Bank of Kansas City (“UMB”). In February 1987, Kroh filed for Chapter 11 bankruptcy protection. The trustee then commenced this proceeding to recover the $4 million from UMB as an avoidable preference under the Bankruptcy Code. The district court 1 held that provisional credits UMB extended before collecting Kroh’s deposits were “antecedent debts” for purposes of 11 U.S.C. § 547(b)(2). However, the court concluded there was no preference,…
2Cases cited13 opinions
- Barnhill v. JohnsonSupreme Court of the United States · 1992
- Williams v. United StatesSupreme Court of the United States · 1982
- In Re Chase & Sanborn Corporation, F/k/a General Coffee Corporation, Debtors. Paul C. Nordberg, as Creditor Trustee v. Societe GeneraleCourt of Appeals for the Eleventh Circuit · 1988
- In the Matter of Joseph D. Smith, Doing Business as J.D. Management Services and G.L. Properties, Debtor. Appeal of David R. Boyer, TrusteeCourt of Appeals for the Seventh Circuit · 1992
- In Re Iowa Premium Service Co., Inc., Debtor. Iowa Premium Service Co., Inc. v. First National Bank in St. Louis, St. Louis, MissouriCourt of Appeals for the First Circuit · 1982
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- In Re: Murray F. Armstrong, Debtor. Harrah's Tunica Corporation, D/B/A Harrah's Casino Cruises-Tunica, Appellant/cross v. William S. Meeks, Trustee, Appellee/crossCourt of Appeals for the Eighth Circuit · 2002
- In Re: William Dunlap Cannon Iii, Debtor. First Tennessee Bank, N.A. v. George W. Stevenson, Trustee for William Dunlap Cannon IIICourt of Appeals for the First Circuit · 2001
- Ries v. Firstar Bank Milwaukee, N.A. (In Re Spring Grove Livestock Exchange, Inc.)United States Bankruptcy Court, D. Minnesota · 1997
- Brown v. Federal Savings Bank (In Re Brown)United States Bankruptcy Court, W.D. Tennessee · 1997
- HLI Creditor Trust v. Hyundai Motor Co. (In re Hayes Lemmerz International, Inc.)United States Bankruptcy Court, D. Delaware · 2005
21 more not listed; retrieve them via the Exa API.