Legal Opinion
Ciesla v. Harney Management Partners (In re KLN Steel Products Co.)
United States Bankruptcy Court, W.D. Texas
Decided February 18, 2014No. Bankruptcy Nos. 11-12855, 11-12856, 11-12858, 11-13154; Adversary No. 13-01013PublishedCited by 8 opinions
1Opinion of the Court
FINDINGS OF FACT AND CONCLUSIONS OF LAW
TONY M. DAVIS, Bankruptcy Judge.
In this case, the Court must determine whether payments should be recovered by the trustee of a liquidating trust from re*465structuring consultants hired to advise a bankrupt business prior to its bankruptcy filing, or whether those payments are protected from recovery by the “ordinary course of business” or “new value” defenses.
At summary judgment, the Court found that most of the contested payments were not avoidable, because they fit snugly within the “ordinary course of business” exception. Now, the Court finds that the…
2Cases cited37 opinions
- Stern v. MarshallSupreme Court of the United States · 2011
- Barnhill v. JohnsonSupreme Court of the United States · 1992
- Sharon Olabisiomotosho v. City of Houston City of Houston P. J. Bartlett K. L. Richards Rene BertrandCourt of Appeals for the Fifth Circuit · 1999
- National Credit Union Administration v. First National Bank & Trust Co.Supreme Court of the United States · 1998
- Hardin v. Manitowoc-Forsythe Corp.Court of Appeals for the Tenth Circuit · 1982
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3Cited by8 opinions
- Jubber v. SMC Electrical Products, Inc.Court of Appeals for the Tenth Circuit · 2015
- Wiscovitch-Rentas v. Villa Blanca VB Plaza LLCBankruptcy Appellate Panel of the First Circuit · 2016
- In re 804 Congress, L.L.C.United States Bankruptcy Court, W.D. Texas · 2015
- Satija v. C-T Plaster, Inc. (In re Sterry Industries, Inc.)United States Bankruptcy Court, W.D. Texas · 2016
- Smelcer v. Citizens Bank (In re Hart Oil & Gas, Inc.)United States Bankruptcy Court, D. New Mexico · 2015
3 more not listed; retrieve them via the Exa API.