Legal Opinion

Burns v. Shelton (In Re Shelton)

United States Bankruptcy Court, W.D. Kentucky

Decided October 20, 2005No. 19-50155PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM-OPINION

JOAN L. COOPER, Bankruptcy Judge.

This matter was remanded to this Court by the United States District Court on instruction from the United States Court of Appeals for the Sixth Circuit so the parties could “(1) present evidence on the question whether the subject transactions resulted in a diminution of the bankruptcy estate; (2) to make findings of fact on this issue; and (3) to reconsider the applicability of the earmarking doctrine.” The Court considered the Stipulation and Agreed Order of the parties and the Memorandum Brief on Behalf of Peoples Bank and Trust Company…

2Cases cited5 opinions

  1. In Re N. Eddie Montgomery and Southland Escrow Services, Inc., Consolidated Debtors. John C. McLemore Trustee v. Third National Bank in NashvilleCourt of Appeals for the Third Circuit · 1993
  2. Bankr. L. Rep. P 77,561 in Re Van Dresser Corporation, Debtor. Daniel M. Honigman v. Comerica Bank Grant A. Friley, III Wilma BrownCourt of Appeals for the Sixth Circuit · 1997
  3. In Re Doors and More Inc.United States Bankruptcy Court, E.D. Michigan · 1991
  4. In Re Palace Quality Services Industries, Inc.United States Bankruptcy Court, E.D. Michigan · 2002
  5. Cooper v. First Citizens Bank (In Re Jones)United States Bankruptcy Court, W.D. Kentucky · 1995

3Cited by2 opinions

  1. ETS Payphones, Inc. v. AT & T Universal Card (In Re PSA, Inc.)United States Bankruptcy Court, D. Delaware · 2005
  2. In re Tubular Technologies, LLCUnited States Bankruptcy Court, D. South Carolina · 2007

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