Legal Opinion
Gugino v. Kerslake (In re Clark)
United States Bankruptcy Court, D. Idaho
Decided December 11, 2015No. Case No. 12-00649-TLM; Adv. No. 15-06006-TLMPublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
TERRY L. MYERS, CHIEF U.S. BANKRUPTCY JUDGE
INTRODUCTION
Before the Court is a motion for summary judgment filed by Dan Kerslake (“Kerslake”) one of the two defendants in this § 549 avoidance action.1 Doc. No. 11 (“Motion”). Opposed by the plaintiff, chapter 7 trustee, Jeremy Gugino (“Trustee”), the Motion was argued at hearing on November 2, 2015. The Court determines that the Motion is well taken and will be granted.
BACKGROUND AND FACTS
The undisputed 'facts are established by the parties’ submissions, and by the record in this adversary proceeding, the underlying…
2Cases cited20 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Katchen v. LandySupreme Court of the United States · 1966
- Precision Instrument Manufacturing Co. v. Automotive Maintenance MacHinery Co.Supreme Court of the United States · 1945
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3Cited by3 opinions
- In re: Michael W. Endresen and Joanne Maureen EndresenUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2016
- Charles K. Breland, Jr.United States Bankruptcy Court, S.D. Alabama · 2021
- In re: Michael W. Endresen and Joanne Maureen EndresenUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2016