Legal Opinion
Max WIDER, Appellant, v. Dale WOOTTON, Trustee of the Estate of Ronald Cohen, Appellee
Court of Appeals for the Fifth Circuit
Decided September 6, 1990No. 90-1129PublishedCited by 29 opinions
1Opinion of the Court
JOHNSON, Circuit Judge:
Max Wider (Wider) appeals the district court’s affirmance of a judgment of the bankruptcy court in favor of Dale Wootton (Wootton), trustee of the bankruptcy estate of Ronald Cohen (Cohen). The bankruptcy court ruled that Cohen’s estate could avoid certain payments made to Wider as preferential transfers under 11 U.S.C. § 547. On appeal, Wider argued that he was protected from the trustee’s avoidance power by the “stockbroker defense” of 11 U.S.C. § 546(e). The district court rejected this argument. Unable to find that the district court improperly interpreted the scope…
2Cases cited5 opinions
- In Re Bullion Reserve of North America, a California Corporation, Curtis B. Danning, Chapter 7 Trustee v. Theodore P. BozekCourt of Appeals for the Ninth Circuit · 1988
- Merrill v. Abbott (In Re Independent Clearing House Co.)United States Bankruptcy Court, D. Utah · 1984
- Henderson v. Allred (In Re Western World Funding, Inc.)United States Bankruptcy Court, D. Nevada · 1985
- 16 Collier bankr.cas.2d 1394, Bankr. L. Rep. P 71,821 in the Matter of Bishop, Baldwin, Rewald, Dillingham & Wong, Inc., a Hawaii Corporation, Debtor. Reynaldo D. Graulty, Trustee, of Bishop, Baldwin, Rewald, Dillingham & Wong, Inc., and Not Individually v. Cynthia Michelle BrooksCourt of Appeals for the Ninth Circuit · 1987
- In Re ESM GOVERNMENT SECURITIES, INC., Debtor. Thomas TEW, as Trustee, Plaintiff-Appellee, v. RESOURCE MANAGEMENT, Defendant-AppellantCourt of Appeals for the Eleventh Circuit · 1987
3Cited by29 opinions
- Slatkin v. NeilsonCourt of Appeals for the Ninth Circuit · 2008
- Picard Ex Rel. Liquidation of Bernard L. Madoff Investment Securities LLC v. Madoff (In Re Bernard L. Madoff Investment Securities LLC)United States Bankruptcy Court, S.D. New York · 2011
- In Re Hedged-Investments Associates, Inc., Debtor. Harvey Sender, Trustee v. The Nancy Elizabeth R. Heggland Family Trust, and Radoy W. HegglandCourt of Appeals for the Tenth Circuit · 1995
- Jackson v. Mishkin (In Re Adler, Coleman Clearing Corp.)District Court, S.D. New York · 2001
- Securities Investor Protection Corp. v. Bernard L. Madoff Investment Securities LLC (In Re Bernard L. Madoff Investment Securities LLC)United States Bankruptcy Court, S.D. New York · 2010
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