Legal Opinion

Lee v. National Home Centers, Inc. (In Re Bodenstein)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided September 25, 2000No. 00-6055 WAPublishedCited by 13 opinions

1Opinion of the Court

SCHERMER, Bankruptcy Judge.

Trustee John T. Lee (“Chapter 7 Trustee”) appeals the bankruptcy court 1 order granting summary judgment in favor of Defendant National Home Centers, Inc. (“Defendant”) in connection with the Chapter 7 Trustee’s avoidance action. In his complaint, the Chapter 7 Trustee seeks to avoid as preferential pursuant to 11 U.S.C. § 547 certain mortgages granted by debtors Ronald Bodenstein and Barbara Bodenstein (“Debtors”) to the Defendant. The bankruptcy court dismissed the complaint as untimely. We have jurisdiction over this appeal from the final order of the bankruptcy…

2Cases cited9 opinions

  1. Baldwin County Welcome Center v. BrownSupreme Court of the United States · 1984
  2. Holmberg v. ArmbrechtSupreme Court of the United States · 1946
  3. Clark v. Kellogg Co.Court of Appeals for the Eighth Circuit · 2000
  4. First Bank of Marietta v. Robert L. HoggeCourt of Appeals for the First Circuit · 1998
  5. In Re M & L Business MacHine Company, Inc., Debtor. Christine J. Jobin, Trustee of the Estate of M & L Business MacHine Company, Inc. v. Vincent Boryla, Also Known as V.J. Boryla, as Trustee of the Eagle Trace Employee Pension Plan Eagle Trace Employee Pension Plan, and Vincent Boryla, Also Known as V.J. Boryla, Individually Robert G. Joseph, in Re M & L Business MacHine Company, Inc., Debtor. Christine J. Jobin, Trustee of the Estate of M & L Business MacHine Company, Inc. v. Freda Vizcarra, Erroneously Sued as Fernando or F. VizcarraCourt of Appeals for the Tenth Circuit · 1996

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3Cited by13 opinions

  1. States Resources Corp. v. Architectural Team, Inc.Court of Appeals for the First Circuit · 2005
  2. Barkley v. West (West)United States Bankruptcy Court, N.D. Mississippi · 2012
  3. St. Francis County Farmers Ass'n v. Wright (In Re Wright)United States Bankruptcy Court, E.D. Arkansas · 2006
  4. Hyundai Translead, Inc. Ex Rel. Estate of Trailer Source, Inc. v. Jackson Truck & Trailer Repair Inc.District Court, M.D. Tennessee · 2009
  5. Quad City Bank v. Chapman (Chapman Lumber Co.)United States Bankruptcy Court, N.D. Iowa · 2006

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