Legal Opinion

Texas Truck Insurance Agency, Inc. v. Cure (In Re Dunham)

Court of Appeals for the Fifth Circuit

Decided April 17, 1997No. 96-10565PublishedCited by 43 opinions

1Opinion of the Court

WIENER, Circuit Judge:

In this core bankruptcy proceeding, Appellant Texas Truck Insurance Agency, Inc. (Texas Truck) appeals the decision of the district court affirming the bankruptcy court’s order that granted the trustee’s avoidance of a transfer to Texas Truck as fraudulent, pursuant to 11 U.S.C. § 548(a)(2), and ordered Texas Truck to return $160,000 to the bankrupt estate. Finding no clear error in the bankruptcy court’s determination that the debtor’s transfer was made for less than a reasonably equivalent value, we affirm.

I

FACTS AND PROCEEDINGS

Debtor Vance Dunham (Dunham) and his…

2Cases cited13 opinions

  1. In Re Chase & Sanborn Corporation, Debtor. Paul C. Nordberg, Creditor Trustee v. Arab Banking CorporationCourt of Appeals for the Eleventh Circuit · 1990
  2. In Re Roco Corporation, D/B/A Standard Supply Company, Debtor. Edward Consove v. Avram CohenCourt of Appeals for the First Circuit · 1983
  3. In the Matter of Donald Eugene Bundles, Debtor-Appellant. In Re Donald Eugene Bundles v. William J. Baker, Indiana National Bank and James C. WellsCourt of Appeals for the Seventh Circuit · 1988
  4. Klein v. TabatchnickCourt of Appeals for the Second Circuit · 1979
  5. In Re Ozark Restaurant Equipment Co. Inc. Jill R. Jacoway, Trustee v. Bruce Anderson, Elmer Dale Yancey, Kenneth Eads, Robert Whiteley, and Anderson Cajun's Wharf, Jill R. Jacoway, Trustee v. Anderson Cajun's Wharf, Jill R. Jacoway, Trustee v. Hayden McIlroy of McIlroy Bank and Trust, Ed Yancey, Bruce Anderson, Kenneth EadsCourt of Appeals for the Eighth Circuit · 1988

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3Cited by43 opinions

  1. Onkyo Europe Electronics GMBH v. Global Technovations Inc. (In Re Global Technovations Inc.)Court of Appeals for the Sixth Circuit · 2012
  2. Ralph S. Janvey, in His Capacity as Court-Appointed Receiver for the Stanford International Bank, Limited Official Stanford Investors Committee v. the Golf Channel, Incorporated Tgc, L.L.C., Doing Business as Golf ChannelTexas Supreme Court · 2016
  3. Ingalls v. Erlewine (In Re Erlewine)Court of Appeals for the Fifth Circuit · 2003
  4. Loeffel Steel Products, Inc. v. Delta Brands, Inc.District Court, N.D. Illinois · 2005
  5. Natl Un Fire Ins PA v. U S Bank Natl AssocCourt of Appeals for the Fifth Circuit · 2010

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