Legal Opinion
Ward v. Building Material Distributors
United States Bankruptcy Court, D. South Dakota
Decided January 30, 1984No. Bankruptcy No. 582-00038; Adv. No. 582-0078PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM DECISION
PEDER K. ECKER, Bankruptcy Judge.
In the case at bar, the debtors as plaintiffs seek to avoid two mortgages given the defendant, Building Material Distributors, based on the alternative assertions that the mortgages are transfers avoidable as preferential transfers under 11 U.S.C. § 547(b) or that the mortgages are transfers avoidable as fraudulent transfers under 11 U.S.C. § 548. The trustee joined in the debtors’ action against the defendant. The defendant, on the other hand, contends that the debtors do not have standing to bring the action because only the trustee has…
2Cases cited5 opinions
- In Re KelleyUnited States Bankruptcy Court, E.D. Tennessee · 1980
- Stratton v. Sioux Falls Paint & Glass (In Re Stratton)District Court, D. South Dakota · 1982
- Matter of LampingUnited States Bankruptcy Court, E.D. Wisconsin · 1981
- Cox v. BowmanSouth Dakota Supreme Court · 1945
- Stratton v. Sioux Falls Paint & Glass (In Re Stratton)United States Bankruptcy Court, D. South Dakota · 1981
3Cited by1 opinion
- In Re WardUnited States Bankruptcy Court, D. South Dakota · 1984