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Legal Opinion

Cohen v. KDC Financial Services, Inc. (In re Miller Mining, Inc.)

United States Bankruptcy Court, N.D. Ohio

Decided March 25, 1998No. Bankruptcy No. 97-61705; Adversary No. 97-6160PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

JAMES H. WILLIAMS, Bankruptcy Judge.

Pending before the Court is the motion for summary judgment filed by the Plaintiff, Robert L. Cohen, the Chapter 11 Trustee (Trustee) of Miller Mining, Inc. (Debtor’), in his action to recover, pursuant to 11 U.S.C. § 549, an alleged unauthorized postpetition payment of $17,753.67 to the Defendant, KDC Financial Services, Inc. (KDC). KDC has filed a memorandum in opposition to the trustee’s motion and the Trustee has responded. The Court comes now to render its decision on the motion.

FACTS

The Debtor filed a petition for relief under…

2Cases cited13 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
  4. Fed. Sec. L. Rep. P 94,768 Phil A. Street and Clyde H. Street v. J.C. Bradford & CompanyCourt of Appeals for the Sixth Circuit · 1990
  5. In Re Dant & Russell, Inc., Debtors. Burlington Northern Railroad Company, Creditor-Appellant v. Dant & Russell, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1988

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3Cited by8 opinions

  1. Slone v. Anderson (In re Anderson)United States Bankruptcy Court, S.D. Ohio · 2013
  2. In Re Husting Land & Development, Inc.United States Bankruptcy Court, D. Utah · 2000
  3. In re BX Acquisitions, Inc.Bankruptcy Appellate Panel of the Sixth Circuit · 2019
  4. In re: WILLIAM K. PRZYBYSZ; In re: MIRACLE MATCH SPORTS AND ENTERTAINMENT LLC; In re: WKP ENTERPRISES LLC; In re: BP SPORTS AND ENTERTAINMENT LLCUnited States Bankruptcy Court, W.D. Michigan · 2013
  5. In re: William K. Przybysz; In re: Miracle Match Sports and Entertainment LLC; In re: WKP Enterprises LLC; In re: BP Sports and Entertainment LLCUnited States Bankruptcy Court, W.D. Michigan · 2013

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