Legal Opinion
Nolden v. Balzer/Shopes, Inc. (In re Studio Five Designs (USA), Inc.)
District Court, N.D. California
Decided August 1, 1988No. Bankruptcy No. 4-87-03107 JN5; Adv. No. 4-87-0363 AJPublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OF DECISION
LESLIE TCHAIKOVSKY, Bankruptcy Judge.
Defendant Balzer/Shopes, Inc. (“Balzer”) moves for summary judgment in its favor against Plaintiff (the “Trustee”) and dismissal of the instant preference action. For the reasons stated below, the motion is granted.
SUMMARY OF FACTS
There are no material facts in dispute. The facts are as follows:
Prior to the filing of its bankruptcy petition, the debtor (the “Debtor”) was indebted to Balzer in the principal amount of $39,200.49. On March 10, 1987, Balzer filed suit in state court and obtained a temporary protective order (the “TPO”)…
2Cases cited15 opinions
- R. Anthony Dubay v. Everette H. Williams, Everette H. Williams v. Rose City Development Co., Inc., Robert J. Davis v. Everette H. WilliamsCourt of Appeals for the Ninth Circuit · 1969
- Grain Merchants of Indiana, Inc., Bankrupts, Mark L. France, Trustee v. Union Bank and Savings Company, Bellevue, OhioCourt of Appeals for the Seventh Circuit · 1969
- Javorek v. Superior CourtCalifornia Supreme Court · 1976
- Dawson v. Bank of America National Trust & Savings Ass'nCalifornia Court of Appeal · 1950
- Brunskill v. StutmanCalifornia Court of Appeal · 1960
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3Cited by1 opinion
- Floyd v. American Block Roland Niles International, Inc. (In re Cooper Manufacturing Corp.)United States Bankruptcy Court, S.D. Texas · 2006