Peoples Bank & Trust Co. v. Burns
Court of Appeals for the Sixth Circuit
1Per curiam
This is an appeal from a judgment of the District Court for the Western District of Kentucky affirming the bankruptcy court’s award of summary judgment in favor of plaintiff-appellee, Jerry Burns, Trustee, in a Chapter 7 proceeding. The Trustee had moved to avoid certain transactions as unauthorized post-petition transfers of property of the bankruptcy estate of debtor Frankie Dewayne Shelton. The summary judgment had the effect of avoiding the mortgage lien of defendant-appellant Peoples Bank and Trust Company. On appeal, Peoples Bank asserts two claims of error. For the reasons that follow,…
Also in this document: Concurring in part, dissenting in part.
2Cases cited12 opinions
- In Re Gerald Dale Burns and Linda Jane Burns, Debtors. Andrew W. Suhar v. Gerald Dale Burns and Linda Jane Burns, Imc Mortgage CompanyCourt of Appeals for the Sixth Circuit · 2003
- In Re N. Eddie Montgomery and Southland Escrow Services, Inc., Consolidated Debtors. John C. McLemore Trustee v. Third National Bank in NashvilleCourt of Appeals for the Third Circuit · 1993
- In Re HeitkampCourt of Appeals for the First Circuit · 1998
- Stingley v. AlliedSignal, Inc. (In Re Libby International, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2000
- Herzog v. SunarHauserman (In Re Network 90º, Inc.)United States Bankruptcy Court, N.D. Illinois · 1989
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3Cited by10 opinions
- Chase Manhattan Mortgage Corp. v. Shapiro (In Re Lee)Court of Appeals for the Sixth Circuit · 2008
- In Re Straightline Investments, Inc.Court of Appeals for the Ninth Circuit · 2008
- Peters v. Wray State Bank (In Re Kerst)United States Bankruptcy Court, D. Colorado · 2006
- United States v. HaleCourt of Appeals for the Tenth Circuit · 2014
- Peoples Bank & Trust Co. v. Burns (In Re Shelton)Court of Appeals for the Sixth Circuit · 2007
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