Legal Opinion

In Re Bakersfield Westar Ambulance, Inc., Debtor. Randell Parker v. Community First Bank

Court of Appeals for the First Circuit

Decided August 22, 1997No. 96-16287PublishedCited by 50 opinions

1Opinion of the Court

FARRIS, Circuit Judge:

Randell Parker, Chapter 7 Trustee for Bakersfield Westar, Inc., initiated this proceeding against Community First Bank to recover monies set off by the Bank within ninety days of Westar’s petition in bankruptcy. The bankruptcy court entered summary judgment in favor of Parker. The district court reversed, and Parker appeals. We have jurisdiction under 28 U.S.C. § 158(d). We reverse.

I

BACKGROUND

On July 13, 1992, Community First Bank loaned $103,189.26 to Bakersfield Westar, Inc. The loan was secured by two ambulances, “[a]ll personal property of any kind which is delivered…

2Cases cited15 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995
  3. Bagdadi v. NazarCourt of Appeals for the Ninth Circuit · 1996
  4. Joseph R. Bolker v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1985
  5. Studley v. Boylston National BankSupreme Court of the United States · 1913

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3Cited by50 opinions

  1. In Re: Charles Michael Harmon, Debtor. Charles Michael Harmon v. Donald KobrinCourt of Appeals for the Ninth Circuit · 2001
  2. In Re Kaypro, Debtor. Arrow Electronics, Inc. v. Howard Justus, Trustee, in Re Kaypro, Debtor. Arrow Electronics, Inc., Successor-In-Interest to Schweber Electronics, Inc. v. Howard Justus, TrusteeCourt of Appeals for the Ninth Circuit · 2000
  3. Thrifty Oil Co. v. Bank of America National Trust and Savings AssociationCourt of Appeals for the Ninth Circuit · 2003
  4. In Re CanevaCourt of Appeals for the Ninth Circuit · 2008
  5. In Re: Billy Franklin Baldwin, Debtor. Billy Franklin Baldwin, B.A.P. v. Zachary KilpatrickCourt of Appeals for the Ninth Circuit · 2001

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