Legal Opinion

In Re Bullion Reserve of North America, a California Corporation, Curtis B. Danning, Chapter 7 Trustee v. Theodore P. Bozek

Court of Appeals for the Ninth Circuit

Decided January 11, 1988No. 86-6649PublishedCited by 186 opinions

1Opinion of the Court

PREGERSON, Circuit Judge:

Theodore P. Bozek appeals from a district court’s order affirming a bankruptcy court’s grant of summary judgment in favor of the bankruptcy trustee for Bullion Reserve of North America (BRNA). The trustee, Curtis B. Danning, sued Bozek under 11 U.S.C. § 547(b) to set aside and recover an alleged preferential transfer made by BRNA to Bozek. We affirm.

BACKGROUND

BRNA was a California corporation that purported to be in the business of buying precious metals (bullion) for the public through a “member account program.” Customers became member account program participants…

2Cases cited17 opinions

  1. Ohio v. KovacsSupreme Court of the United States · 1985
  2. Richardson v. ShawSupreme Court of the United States · 1908
  3. Bankr. L. Rep. P 71,434 Coral Petroleum, Inc. v. Banque Paribas-LondonCourt of Appeals for the Fifth Circuit · 1986
  4. In Re ArnettCourt of Appeals for the Sixth Circuit · 1984
  5. Merrill v. Abbott (In Re Independent Clearing House Co.)United States Bankruptcy Court, D. Utah · 1984

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3Cited by186 opinions

  1. City of Atascadero v. Merill Lynch, Pierce, Fenner & Smith, Inc.California Court of Appeal · 1999
  2. In Re TaubmanUnited States Bankruptcy Court, S.D. Ohio · 1993
  3. Christian Bros. High School Endowment v. Bayou No Leverage Fund, LLC (In Re Bayou Group, LLC)District Court, S.D. New York · 2010
  4. In the Matter of Southmark Corporation, Debtor. Southmark Corporation v. Joseph GroszCourt of Appeals for the Fifth Circuit · 1995
  5. 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

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