Legal Opinion
Carmel v. River Bank America (In Re FBN Food Services, Inc.)
District Court, N.D. Illinois
Decided July 17, 1995No. 95 C 366PublishedCited by 32 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
ASPEN, Chief Judge:
The bankruptcy court below found that appellant River Bank America (“River Bank”) had received a fraudulent conveyance of $1.4 million from the debtor FBN Food Services, Inc. (“FBN”). The court avoided the $1.4 million transfer and granted Trustee James Carmel’s (“Trustee”) request to recover the funds, plus prejudgment and post-judgment interest. River Bank appeals that decision, arguing (1) that the transferred funds were never “property of the debtor,” (2) that River Bank was not shown to have committed actual or constructive fraud, and (3)…
2Cases cited31 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
- BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994
- Barnhill v. JohnsonSupreme Court of the United States · 1992
- Kham & Nate's Shoes No. 2, Inc., Debtor-Appellee v. First Bank of WhitingCourt of Appeals for the First Circuit · 1990
26 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Bruce K. Cable, as Debtor in Possession v. Ivy Tech State CollegeCourt of Appeals for the Seventh Circuit · 1999
- In the Matter of Fbn Food Services, Inc., Debtor. River Bank AmericaCourt of Appeals for the Seventh Circuit · 1996
- Baldi v. Lynch (In Re McCook Metals, L.L.C.)United States Bankruptcy Court, N.D. Illinois · 2005
- Helms v. Roti (In Re Roti)United States Bankruptcy Court, N.D. Illinois · 2002
- Brown v. Phillips (In Re Phillips)United States Bankruptcy Court, N.D. Illinois · 2007
27 more not listed; retrieve them via the Exa API.