Legal Opinion

Sergeant v. OneWest Bank, FSB (In re Walter)

United States Bankruptcy Court, N.D. Iowa

Decided November 7, 2011No. Bankruptcy No. 10-03352; Adversary No. 11-09024PublishedCited by 17 opinions

1Opinion of the Court

ORDER RE: MOTION FOR PARTIAL DISMISSAL

THAD J. COLLINS, Chief Judge.

This matter came before the Court in a telephonic hearing on Defendant OneWest Bank’s Motion for Partial Dismissal. Defendant moved to dismiss two counts of Trustee’s Complaint to Avoid Transfer. Jason C. Palmer and Thomas M. Boes represented Defendant. Eric W. Lam represented the Chapter 7 Trustee. The Court took the matter under advisement. This is a core proceeding under 28 U.S.C. § 157(b)(2)(A), (K), and (O).

STATEMENT OF THE CASE

Michael Walter signed two promissory notes now held by Defendant OneWest Bank. To secure the…

2Cases cited22 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Fed. Sec. L. Rep. P 94,853 John Schlick v. Penn-Dixie Cement CorporationCourt of Appeals for the Second Circuit · 1974
  4. Moore v. BaySupreme Court of the United States · 1931
  5. Picard v. Cohmad Securities Corp. (In Re Bernard L. Madoff Investment Securities LLC)United States Bankruptcy Court, S.D. New York · 2011

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3Cited by17 opinions

  1. Ralph S. Janvey, in His Capacity as Court-Appointed Receiver for the Stanford International Bank, Limited Official Stanford Investors Committee v. the Golf Channel, Incorporated Tgc, L.L.C., Doing Business as Golf ChannelTexas Supreme Court · 2016
  2. Tronox Inc. v. Kerr McGee Corp. (In re Tronox Inc.)United States Bankruptcy Court, S.D. New York · 2013
  3. Gordon v. Harrison (In re Alpha Protective Services, Inc.)United States Bankruptcy Court, M.D. Georgia · 2015
  4. Hillen v. City of Many Trees (In re CVAH, Inc.)United States Bankruptcy Court, D. Idaho · 2017
  5. Cox v. Grube (In re Grube)United States Bankruptcy Court, C.D. Illinois · 2013

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