Dye v. Rivera (In Re Marino)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
MARILYN MORGAN, Bankruptcy Judge:
The chapter 7 trustee of the debtors’ estate appeals the bankruptcy court’s ruling denying in part a complaint to avoid as preferential transfers two deeds of trust given to Rivera. For the reasons set forth below, the judgment is affirmed.
I. FACTS
Approximately seven months before the Marinos’ bankruptcy was filed, Kenneth Rivera and the Rivera Trust lent $2.5 million to Jim Marino and his automobile dealership, Jim Marino Imports, Inc. The terms of the loan provided for interest-only payments at 10.5% interest. As the Marinos and the Riv-eras had been…
2Cases cited27 opinions
- Kokoszka v. BelfordSupreme Court of the United States · 1974
- Webster v. Reproductive Health ServicesSupreme Court of the United States · 1989
- Philbrook v. GlodgettSupreme Court of the United States · 1975
- In Re E.R. Fegert, Inc., Debtor. Dan O'rourke, Trustee v. Seaboard Surety Company Coral Construction Company, Inc. Shotwell Paving CompanyCourt of Appeals for the Ninth Circuit · 1989
- United States v. Heirs of BoisdoréSupreme Court of the United States · 1849
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3Cited by27 opinions
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- In the Matter of Larson C. Locklin, Debtor. Jacob C. Pongetti, Trustee for the Estate of Larson Locklin v. General Motors Acceptance CorporationCourt of Appeals for the Fifth Circuit · 1996
- Official Committee of Unsecured Creditors of the Estate of CCG 1355, Inc. v. CRST, Inc. (In Re CCG 1355, Inc.)United States Bankruptcy Court, D. New Jersey · 2002
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