Legal Opinion
Adams v. Anderson (In re Superior Stamp & Coin Co.)
Court of Appeals for the Ninth Circuit
Decided September 6, 2000No. 99-55204PublishedCited by 19 opinions
1Opinion of the Court
REINHARDT, Circuit Judge:
This case involves a dispute over the interpretation of the “earmarking” doctrine — a rule that is applied in bankruptcy cases. The question before us is whether the bankruptcy court erred in determining that certain payments were avoidable under 11 U.S.C. § 547 as preferential transfers. We hold that where a third party lends money to.a debtor on the condition that it be used to pay a specific debt, the fact that the debtor requested the loan or that the funds were advanced to the debtor rather than paid directly to the recipient creditor does not render the transfer…
2Cases cited8 opinions
- 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
- 17 Collier bankr.cas.2d 550, Bankr. L. Rep. P 71,951 in Re James Ross Hartley & Sharon Lee Hartley, D/B/A Hartley Trucking, Debtors. Suzanne Cotner Mandross, Successor-Trustee v. Peoples Banking CompanyCourt of Appeals for the Sixth Circuit · 1987
- Evalyn PREBLICH, Appellant, v. Kenneth BATTLEY, AppelleeCourt of Appeals for the Ninth Circuit · 1999
- Robert J. BROWN, Trustee, Appellant, v. FIRST NATIONAL BANK OF LITTLE ROCK, ARKANSAS, Appellee. Ark-La Materials, Inc., DebtorCourt of Appeals for the First Circuit · 1984
- In Re Kemp Pacific Fisheries, Inc.Court of Appeals for the Ninth Circuit · 1994
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Bailey v. Big Sky Motors, Ltd.Court of Appeals for the Tenth Circuit · 2002
- Manchester v. First Bank & Trust Co. (In Re Moses)Bankruptcy Appellate Panel of the Tenth Circuit · 2000
- Cadle Co. v. Mangan (In Re Flanagan)Court of Appeals for the Second Circuit · 2007
- Campbell v. Hanover Insurance (In Re ESA Environmental Specialists, Inc.)Court of Appeals for the Fourth Circuit · 2013
- In Re Entringer Bakeries, Inc.Court of Appeals for the Fifth Circuit · 2008
14 more not listed; retrieve them via the Exa API.