Legal Opinion
Meoli v. Kendall Electric, Inc. (In Re R.W. Leet Electric, Inc.)
Bankruptcy Appellate Panel of the Sixth Circuit
Decided July 19, 2007No. 06-8071PublishedCited by 12 opinions
1Opinion of the Court
OPINION
PARSONS, Bankruptcy Judge.
In this preference action under 11 U.S.C. § 547, the bankruptcy court granted summary judgment in favor of the defendant, concluding that the alleged preferential payments had not been property of the debtor because they were trust funds under Michigan law. For the reasons that follow, the decision will be reversed and the proceeding remanded.
I. ISSUES ON APPEAL
The issues on appeal are:(1) whether the defendant in a preference action who claims that it was paid with trust funds under the Michigan Building Contract Fund Act (“MBCFA”) has the burden of tracing…
2Cases cited37 opinions
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
- Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
- In Re: Marilyn E. Morris, Debtor. John Poss v. Marilyn E. MorrisCourt of Appeals for the Sixth Circuit · 2001
- In Re Gerald JOHNSON, Bankrupt, CARLISLE CASHWAY, INC., Plaintiff-Appellant, v. Gerald JOHNSON, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1982
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3Cited by12 opinions
- Gold v. Marquette University (In Re Leonard)United States Bankruptcy Court, E.D. Michigan · 2011
- Shafer Redi-Mix, Inc. v. CraftDistrict Court, W.D. Michigan · 2009
- Roach v. Skidmore College (In re Dunston)United States Bankruptcy Court, S.D. Georgia · 2017
- Stoebner v. Consumers Energy Co. (In Re LGI Energy Solutions, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2011
- In re MaineUnited States Bankruptcy Court, S.D. Ohio · 2011
7 more not listed; retrieve them via the Exa API.