Legal Opinion
Manchester v. First Bank & Trust Co. (In Re Moses)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided December 26, 2000No. BAP No. WO-99-073. Bankruptcy No. 98-18235. Adversary No. 99-1001PublishedCited by 45 opinions
1Opinion of the Court
OPINION
CLARK, Bankruptcy Judge.
First Bank & Trust Company of Perry, Oklahoma (“Bank”) appeals an order and judgment of the United States Bankruptcy Court for the Western District of Oklahoma denying its motion for summary judgment and granting the summary judgment motion of the Chapter 7 trustee (“Trustee”) in a preference action. For the reasons set forth below, the bankruptcy court is AFFIRMED.
I. BACKGROUND
The facts in this case are uncontested. In 1997, the debtor borrowed money (“First Loan”) from The Charles Machine Works, Inc., Employee Stock Ownership Plan and Trust (“Trust”). In…
2Cases cited52 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
- Barnhill v. JohnsonSupreme Court of the United States · 1992
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3Cited by45 opinions
- Cadle Co. v. Mangan (In Re Flanagan)Court of Appeals for the Second Circuit · 2007
- In Re MarshallCourt of Appeals for the Tenth Circuit · 2008
- Official Committee of Unsecured Creditors of Tousa, Inc. v. Citicorp North America, Inc. (In Re Tousa, Inc.)United States Bankruptcy Court, S.D. Florida. · 2009
- In Re Entringer Bakeries, Inc.Court of Appeals for the Fifth Circuit · 2008
- Parks v. Fia Card Services, N.A.Court of Appeals for the Tenth Circuit · 2008
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