Legal Opinion
Kelley v. McCormack (In re Mitchell)
United States Bankruptcy Court, M.D. Georgia
Decided March 23, 2016No. Case No. 14-51473-AEC; Adv. Proc. No. 14-5059-AECPublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION
Austin E. Carter, United States Bankruptcy Judge
Before the Court are the Defendant’s and the Trustee’s cross-motions for summary-judgment under Federal Rule of Civil Procedure (“Rule”) 56, made applicable to this adversary proceeding by Federal Rule of Bankruptcy Procedure (“Bankruptcy Rule”) 7056. This adversary proceeding was filed by the Trustee—Walter W. Kelley, as trustee of Stephen Earl Mitchell’s Chapter 7 bankruptcy case— seeking to avoid, under §§ 544, 547, and/or 548 of the Bankruptcy Code, an alleged prepetition transfer of property by the Debtor to the Defendant.1
2Cases cited122 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Butner v. United StatesSupreme Court of the United States · 1979
- Bill Clark Herbert Futch Austin Hurst Louis Sliker and William Barrineau v. Coats & Clark, Inc.Court of Appeals for the Eleventh Circuit · 1991
- Gustafson v. Alloyd Co.Supreme Court of the United States · 1995
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3Cited by3 opinions
- Kelley v. HaarUnited States Bankruptcy Court, M.D. Georgia · 2021
- Marcus v. HortonUnited States Bankruptcy Court, D. New Mexico · 2020
- Nilhan Developers, LLC v. Glass, Solely as Trustee of the Bankruptcy EstateUnited States Bankruptcy Court, N.D. Georgia · 2021