Legal Opinion
Cooper v. Centar Investments (Asia) Ltd. (In Re Trigem America Corp.)
United States Bankruptcy Court, C.D. California
Decided June 8, 2010No. Bankruptcy No. 8:05-BK-13972-TA. Adversary No. 8:07-AP-01140-TAPublishedCited by 12 opinions
1Opinion of the Court
STATEMENT OF DECISION ON MOTIONS FOR SUMMARY JUDGMENT
THEODOR C. ALBERT, Bankruptcy Judge.
The trustee’s and defendants’ cross motions for summary judgment were heard April 8, 2010. After oral argument the Court took the motions under submission. This case requires an analysis of the elements of fraudulent conveyance as may be affected by the “earmarking doctrine” as well as by the statutory safe harbor for swap agreements found at 11 U.S.C. § 546(g). As may be relevant to this decision, the facts are not substantially in dispute. The following is a very condensed summary of the facts.
1. Facts
Tr…
2Cases cited25 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Young v. Higbee Co.Supreme Court of the United States · 1945
- In Re Bullion Reserve of North America, a California Corporation, Curtis B. Danning, Chapter 7 Trustee v. Theodore P. BozekCourt of Appeals for the Ninth Circuit · 1988
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3Cited by12 opinions
- Moser v. Bank of Tyler (In re Loggins)United States Bankruptcy Court, E.D. Texas · 2014
- Riley v. Countrywide Home Loans, Inc. (In re Duplication Management, Inc.)United States Bankruptcy Court, D. Massachusetts · 2013
- Redmond v. SpiritBank (In re Brooke Corp.)United States Bankruptcy Court, D. Kansas · 2015
- Henshaw v. FieldDistrict Court, D. Hawaii · 2013
- Montoya v. GoldsteinCourt of Appeals for the Tenth Circuit · 2023
7 more not listed; retrieve them via the Exa API.