Legal Opinion
Tenderloin Health v. Bank of the West
Court of Appeals for the Ninth Circuit
Decided March 7, 2017No. 14-17090PublishedCited by 10 opinions
1Opinion of the Court
Concurrence by Judge KORMAN
OPINION
M. SMITH, Circuit Judge:
In this preference action, plaintiff-appellant E. Lynn Schoenmann (Schoenmann), the trustee in bankruptcy, seeks to recover for the bankruptcy estate a $190,595.50 loan payment debtor Tenderloin Health (Tenderloin) made to defendant-appellee Bank of the West (BOTW) within ninety days of the filing of Tenderloin’s chapter 7 bankruptcy. To succeed, Schoenmann must demonstrate that by virtue of that payment BOTW received more than it otherwise would have in a hypothetical chapter 7 liquidation where the challenged transfer had not been…
2Cases cited34 opinions
- Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995
- New York County National Bank v. MasseySupreme Court of the United States · 1904
- In Re Craig Oil Company, Debtor. Marathon Oil Company v. William M. Flatau, TrusteeCourt of Appeals for the Eleventh Circuit · 1986
- Palmer Clay Products Co. v. BrownSupreme Court of the United States · 1936
- Kruger v. Wells Fargo BankCalifornia Supreme Court · 1974
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3Cited by10 opinions
- Todeschi v. Juarez (In Re Juarez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2019
- Edwin Elliott v. Pacific Western BankCourt of Appeals for the Ninth Circuit · 2020
- Coulson v. Kane (In re Price)District Court, D. Hawaii · 2018
- CRESTWOOD HOSPITALITY LLCUnited States Bankruptcy Court, D. Arizona · 2025
- Carrie Reinhardt v. Weston PrinceCourt of Appeals for the Sixth Circuit · 2026
5 more not listed; retrieve them via the Exa API.