Legal Opinion

First National Bank of Barnesville v. Rafoth (In re Baker & Getty Financial Services, Inc.)

Court of Appeals for the Sixth Circuit

Decided September 2, 1992No. Nos. 91-3195, 91-3199, 91-3200 and 91-3269PublishedCited by 41 opinions

1Opinion of the Court

BOGGS, Circuit Judge.

This is a consolidated appeal arising out of an initial bankruptcy case brought by individual creditors against a stock brokerage and financial services firm. The Trustee seeks: a) to recover certain payments received by the First National Bank of Barnesville (“Bank”) from the bankrupts; and b) to subordinate the Bank’s claim against the bankrupt estates. The district court held that the Trustee could recover the payments made to the bank, but refused to subordinate the Bank’s claims to those of other general creditors of the estate. We affirm.

I

Baker & Getty Financial…

2Cases cited22 opinions

  1. In the Matter of Mobile Steel Company, Debtor. Elaine E. Benjamin v. Lester Y. Diamond, as Trustee in Bankruptcy for Mobile Steel, Inc.Court of Appeals for the Fifth Circuit · 1977
  2. Bonded Financial Services, Inc., Debtor-Appellant v. European American BankCourt of Appeals for the Seventh Circuit · 1988
  3. In Re Auto-Train Corporation, Inc.Court of Appeals for the D.C. Circuit · 1987
  4. In the Matter of Virtual Network Services Corporation, Debtor-Appellee. Appeal of United States of AmericaCourt of Appeals for the Seventh Circuit · 1990
  5. Anaconda-Ericsson, Inc. v. Hessen (In Re Teltronics Services, Inc.)United States Bankruptcy Court, E.D. New York · 1983

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3Cited by41 opinions

  1. 27 Collier bankr.cas.2d 1112, Bankr. L. Rep. P 74,813, 20 Ucc rep.serv.2d 1008 in Re Baker & Getty Financial Services, Inc., Debtors. First National Bank of Barnesville, (91-3200), Plaintiff/cross-Appellant (91-3199) v. Carl D. Rafoth, Trustee for Baker & Getty Financial Services, Inc., Baker & Getty Diversified, Inc., Baker & Getty Securities, Inc., Philip Cordek and Suzan Bierman Cordek, (91-3195), Defendants/cross-Appellants (91-3269)Court of Appeals for the First Circuit · 1992
  2. Simon v. ASIMCO Technologies, Inc. (In Re American Camshaft Specialties, Inc.)United States Bankruptcy Court, E.D. Michigan · 2009
  3. Marcia Meoli v. The Huntington Nat'l BankCourt of Appeals for the Sixth Circuit · 2017
  4. Richard Jahn v. Philip Craig BurkeCourt of Appeals for the Sixth Circuit · 2017
  5. In Re Clamp-All Corp.United States Bankruptcy Court, D. Massachusetts · 1999

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