Legal Opinion
David H. Rosenberg, Trustee in Bankruptcy v. Charles E. Collins
Court of Appeals for the Fifth Circuit
Decided August 21, 1980No. 79-1315PublishedCited by 94 opinions
1Opinion of the Court
HATCHETT, Circuit Judge:
Appellants, former customers of the bankrupt Arata & Co., appeal a district court judgment for the bankruptcy trustee, setting aside certain transfers of cash by the bankrupt to appellants within one year preceding the filing of a voluntary petition in bankruptcy. Appellants received cash transfers in excess of the total cash deposits they had made with the bankrupt. The district court found the transfers to be in violation of section 67(d) of the Bankruptcy Act. (11 U.S.C. § 107). 1 Central to the judgment for the bankruptcy trustee was the finding that each customer…
2Cases cited15 opinions
- Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
- United States v. MillerSupreme Court of the United States · 1976
- Fed. Sec. L. Rep. P 93,748 Securities and Exchange Commission v. Glenn W. Turner Enterprises, Inc.Court of Appeals for the Ninth Circuit · 1973
- Cunningham v. BrownSupreme Court of the United States · 1924
- Fed. Sec. L. Rep. P 94,710 Securities and Exchange Commission v. Koscot Interplanetary, Inc.Court of Appeals for the Fifth Circuit · 1974
10 more not listed; retrieve them via the Exa API.
3Cited by94 opinions
- Scholes v. LehmannCourt of Appeals for the Seventh Circuit · 1995
- Merrill v. Abbott (In Re Independent Clearing House Co.)District Court, D. Utah · 1987
- Matter of Haber Oil Co., Inc.Court of Appeals for the Fifth Circuit · 1994
- United States v. Moreno L. Keplinger, Paul L. Wright, and James B. PlankCourt of Appeals for the Seventh Circuit · 1985
- Merrill v. Abbott (In Re Independent Clearing House Co.)United States Bankruptcy Court, D. Utah · 1984
89 more not listed; retrieve them via the Exa API.