Legal Opinion
In Re Robert J. FUTORAN, Debtor. Robert J. FUTORAN, Appellant, v. Max H. RUSH, Trustee in Bankruptcy, Appellee
Court of Appeals for the Ninth Circuit
Decided January 26, 1996No. 94-56158PublishedCited by 14 opinions
1Opinion of the Court
FARRIS, Circuit Judge:
The issue in this case is whether a $290,-000 payment to Dayle Futoran by her ex-husband Robert Futoran in exchange for the cancellation of their marital termination agreement was a preference recoverable by Max Rush, the Chapter 7 trustee of Robert’s estate.
BACKGROUND
The Futorans entered into a marital termination agreement that became effective on January 1,1987. The husband agreed to pay the wife $6,000 per month until either the wife’s remarriage, the death of either of the two, or May 24, 1995, whichever came first. On May 1,1990, in exchange for the cancellation of…
2Cases cited5 opinions
- Pippin v. John Deere Co. (In Re Pippin)United States Bankruptcy Court, W.D. Louisiana · 1984
- Baddin v. Olson (In Re Olson)United States Bankruptcy Court, D. Minnesota · 1986
- Grant v. Jacksonville Postal Credit Union (In Re Anders)United States Bankruptcy Court, M.D. Florida · 1982
- Rieser v. Landis & Gyr Powers, Inc. (In Re Bownic Insulation Contractors, Inc.)United States Bankruptcy Court, S.D. Ohio · 1991
- Rodgers v. Schneider (In Re Laguna Beach Motors, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1992
3Cited by14 opinions
- United States Trustee v. First Jersey Securities, Inc.Court of Appeals for the Third Circuit · 1999
- Cassirer v. Herskowitz (In Re Schick)United States Bankruptcy Court, S.D. New York · 1999
- In Re Ahaza Systems, Inc., Debtor. Edmund J. Wood, in His Capacity as Chapter 7 Trustee v. Stratos Product Development, LLCCourt of Appeals for the Ninth Circuit · 2007
- Matson v. Strickland (In Re Strickland)United States Bankruptcy Court, E.D. Virginia · 1999
- Official Committee of Unsecured Creditors of Maxwell Newspapers, Inc. v. Travelers Indemnity Co. (In Re Maxwell Newspapers, Inc.)United States Bankruptcy Court, S.D. New York · 1996
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