Legal Opinion

In Re: The Personal and Business Insurance Agency, Debtor James K. McNamara Esq., Trustee v. Pfs A/K/A Premium Financing Specialists

Court of Appeals for the Third Circuit

Decided June 26, 2003No. 02-1192PublishedCited by 47 opinions

1Opinion of the Court

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal from an order of the District Court affirming the Bankruptcy Court’s dismissal of a fraudulent conveyance claim brought against Premium Finance Specialists (“PFS”) on behalf of the debtor, The Personal & Business Insurance Agency (“PBI”), by the bankruptcy trustee, James K. McNamara (the “Trustee”), poses the question whether a court may consider post-bankruptcy petition events, in this case the appointment of the Trustee, in evaluating a claim brought under § 548 of the Bankruptcy Code.

PBI was used as a pawn in an illegal scheme…

2Cases cited7 opinions

  1. Meridian Bank v. Eugene Alten, Marlene Alten, and Thomas J. Subranni, Trustee Eugene and Marlene AltenCourt of Appeals for the Third Circuit · 1992
  2. Official Committee of Unsecured Creditors v. R.F. Lafferty & Co., Inc. Cogen Sklar, L.L.PCourt of Appeals for the Third Circuit · 2001
  3. Hays and Company, as Trustee for Monge Oil Corporation v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Third Circuit · 1989
  4. Scholes v. LehmannCourt of Appeals for the Seventh Circuit · 1995
  5. Rochez Brothers, Inc., a Pennsylvania Corporation v. Charles R. RhoadesCourt of Appeals for the Third Circuit · 1975

2 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. Barry Belmont v. MB Investment Partners, Inc.Court of Appeals for the Third Circuit · 2013
  2. OHC Liquidation Trust v. Credit Suisse First Boston (In Re Oakwood Homes Corp.)United States Bankruptcy Court, D. Delaware · 2006
  3. Jurista v. Amerinox Processing, Inc.District Court, D. New Jersey · 2013
  4. Stanziale v. Pepper Hamilton LLP (In Re Student Finance Corp.)United States Bankruptcy Court, D. Delaware · 2005
  5. Kipperman v. Onex Corp.District Court, N.D. Georgia · 2009

42 more not listed; retrieve them via the Exa API.

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