Legal Opinion

Gosch v. Burns (In Re Finn)

United States Bankruptcy Court, E.D. Michigan

Decided June 30, 1988No. 19-41606PublishedCited by 11 opinions

1Opinion of the Court

AMENDED MEMORANDUM OPINION

STEVEN W. RHODES, Bankruptcy Judge.

The trustee brought this preference action pursuant to 11 U.S.C. §§ 547 and 550. This matter is now before the Court on cross-motions for summary judgment.

I.Facts

The alleged preferential payments arose out of an unsecured revolving loan agreement between the debtor, Marlene Finn, and the Taylor Community Credit Union. The loan was guaranteed by Finn’s brother, Donald M. Bums, from whom the trustee seeks recovery in these proceedings. The parties have stipulated to the following facts:

1. Within one year before filing bankruptcy, 1…

2Cases cited6 opinions

  1. Memphis Bank & Trust Company v. Linda Gail WhitmanCourt of Appeals for the Sixth Circuit · 1982
  2. Palmer Clay Products Co. v. BrownSupreme Court of the United States · 1936
  3. Barash v. Public Finance Corp.Court of Appeals for the Seventh Circuit · 1981
  4. Aguillard v. Bank of Lafayette (In Re Bourgeois)United States Bankruptcy Court, W.D. Louisiana · 1986
  5. Seidle v. GATX Leasing Corp.District Court, S.D. Florida · 1984

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

3Cited by11 opinions

  1. Fidelity Savings & Investment Co. v. New Hope Baptist Robert Stone Jeffrey Alan DietertCourt of Appeals for the Tenth Circuit · 1989
  2. United States Lines (S.A.), Inc. v. United States (In Re McLean Industries, Inc.)United States Bankruptcy Court, S.D. New York · 1991
  3. Philip Services Corp. v. Luntz (In Re Philip Services (Delaware) Inc.)United States Bankruptcy Court, D. Delaware · 2002
  4. Hunter v. Snap-On Credit Corp. (In Re Fox)United States Bankruptcy Court, N.D. Ohio · 1998
  5. Mazer v. Broadway Southwest (In Re Roemig)United States Bankruptcy Court, D. New Mexico · 1991

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

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