Legal Opinion

West v. Family Express Corp. (In Re Bilstat, Inc.)

United States Bankruptcy Court, S.D. Texas

Decided July 29, 2004No. 19-30995PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION IN SUPPORT OF ORDER GRANTING MOTION FOR SUMMARY JUDGMENT (doc #5)

WESLEY W. STEEN, Bankruptcy Judge.

William West (“Trustee”), trustee of a Chapter 11 liquidating trust brought this adversary proceeding after plan confirmation to avoid an alleged preferential transfer. Defendant: Family Express, Inc. (“Defendant”) filed an answer and motion for summary judgment (docket # 5). 1 For the reasons set forth below and by separate order issued on this date, Defendant’s motion for summary judgment (docket # 5) is granted. The Court concludes that the Trustee is judicially estopped…

2Cases cited8 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.)Court of Appeals for the Fifth Circuit · 1999
  4. Willard Rushing and Patricia Rushing v. Kansas City Southern Railway CompanyCourt of Appeals for the Fifth Circuit · 1999
  5. Irene Reese, Etc. v. Steve AndersonCourt of Appeals for the Fifth Circuit · 1991

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3Cited by6 opinions

  1. Gebhardt v. Gartner (In Re Gartner)United States Bankruptcy Court, S.D. Texas · 2005
  2. Riazuddin v. Schindler Elevator Corp. (In Re Riazuddin)Bankruptcy Appellate Panel of the Tenth Circuit · 2007
  3. In Re WalkerUnited States Bankruptcy Court, S.D. Texas · 2005
  4. Cody v. Charter Spectrum, Inc.District Court, S.D. New York · 2020
  5. In Re TalsmaUnited States Bankruptcy Court, N.D. Texas · 2012

1 more not listed; retrieve them via the Exa API.

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