Legal Opinion

Research-Planning, Inc. v. Segal (In Re First Capital Mortgage Loan Corp.)

District Court, D. Utah

Decided April 24, 1987No. 86-C-0622JPublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

JENKINS, Chief Judge.

The issue in this bankruptcy appeal is whether money that the debtor received as an escrow agent, deposited in its general account and used to pay its debts should be returned to the escrow depositor after the bankruptcy trustee recovered the payments as preferential transfers.

The court heard arguments on this appeal on December 1, .1986. Ciaron C. Spencer appeared on behalf of Research-Planning, the plaintiff-appellant, and John T. Morgan represented Roger G. Segal, the bankruptcy trustee and defendant-appellee. The court reserved on the…

2Cases cited24 opinions

  1. Merrill v. Abbott (In Re Independent Clearing House Co.)United States Bankruptcy Court, D. Utah · 1984
  2. People v. HessCalifornia Court of Appeal · 1951
  3. Gulf Petroleum, S.A. v. Luis G. Collazo, Trustee in BankruptcyCourt of Appeals for the First Circuit · 1963
  4. McAllester v. Aldridge (In Re Anderson)District Court, M.D. Tennessee · 1983
  5. Elin v. Busche (In Re Elin)District Court, D. New Jersey · 1982

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3Cited by7 opinions

  1. Wilcox v. Anchor-Wate Co.Utah Supreme Court · 2007
  2. In Re First Capital Mortgage Loan CorporationCourt of Appeals for the First Circuit · 1990
  3. Burtch v. Ganz (In Re Mushroom Transportation Co.)District Court, E.D. Pennsylvania · 2002
  4. First Security Bank of Utah, N.A. v. GillmanDistrict Court, D. Utah · 1993
  5. Research-Planning, Inc. v. SegalCourt of Appeals for the Tenth Circuit · 1990

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