Legal Opinion
Rupp v. United Security Bank (In Re Kuntz)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided December 14, 2005No. BAP No. UT-05-021. Bankruptcy No. 02C-40422. Adversary No. 03PC-2460PublishedCited by 2 opinions
1Opinion of the Court
OPINION
CORNISH, Bankruptcy Judge.
United Security Bank (“Bank”) appeals the bankruptcy court’s order denying its motion for partial summary judgment and granting the motion for partial summary judgment filed by Stephen W. Rupp, Trustee (“Trustee”), concluding as a matter of law that the Bank was an insider of the Debtor for purposes of 11 U.S.C. § 547(b)(4). 1 We affirm in part and reverse in part.
I. Background
The relevant facts are undisputed. The Debtor was formerly a member of the Bank’s board of directors. He resigned from the board of directors in May 1990, and since that time he has held…
2Cases cited21 opinions
- Perrin v. United StatesSupreme Court of the United States · 1979
- Sharon G. CONE, Plaintiff-Appellant, v. LONGMONT UNITED HOSPITAL ASSOCIATION, a Colorado Corporation, Defendant-AppelleeCourt of Appeals for the Tenth Circuit · 1994
- In the Matter of Missionary Baptist Foundation of America, Inc., Debtors. Robert B. Wilson, Trustee v. Robert G. HuffmanCourt of Appeals for the Fifth Circuit · 1983
- Morris Rosen, Debtor v. Karen E. Bezner, Trustee, Morris RosenCourt of Appeals for the Third Circuit · 1993
- In the Matter of Robert P. Krehl, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1996
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3Cited by2 opinions
- Rupp v. United Security Bank (In Re Kunz)Court of Appeals for the Tenth Circuit · 2007
- Weinman v. Walker (In re Adam Aircraft Industries, Inc.)Bankruptcy Appellate Panel of the Tenth Circuit · 2014